Studying Class Suits From a Class Action Lawyer

There are few things more dramatic than a television show or film that shows ordinary people joining together in a class action lawsuit to bring down corporations. Like what every class action lawyer will tell you, it is not as simple as that. It takes more than a group of people complaining about the same thing to gain the benefits of a class suit.

Origins of the law

Class actions as done in America have their origins in the legal traditions of the English chancery court. In the 17th century, English courts set up the “bill of peace.” This allowed a group to be represented in court by a single person. To be eligible for the bill, there were three requirements. They first looked at whether there were many interested persons for the lawsuit. The second was determining if all members had an interest in the issues. The third required a representative who can protect the interests of all members, especially those who were absent.

The US adopted class representation on a case-to-case basis until the US Supreme Court said in 1853 that courts should allow it for the sake of justice and convenience. In 1938, as part of the effort to come up with a set of rules for class action lawsuits, the Supreme Court adopted Federal Rule of Civil Procedure 23. Several states, including California, still rely on Federal Rule 23 today to guide them on class suits.

Any class action attorney will tell you that class suit helps deal with cases that involve large numbers of people. Instead of several individual cases, there is just a consolidated suit. Class suits also give litigants strength and unity, preventing defendants from taking apart a case by going after litigants piecemeal. Class suits also discourage unacceptable conduct among companies

Becoming a class

In most cases, there are three important factors for a court to determine if a class suit is possible. One of the most important is the certification of the “class” that will file the suit as one. A class could be composed of a group of factory workers or customers who were affected by the same brand. Another is that there must be enough members of a class that even joint filings will be cumbersome.

Your class action lawyer will point out, though, that numbers alone do not make a class. Federal courts have been known to recognize a group over a dozen members as a class and reject those with a membership in the hundreds. Another requirement is that the litigants must have issues in common. This means that all the members of the class should have at least one issue of law or fact.

The representative is an important part. He or she is required to be a member of the class, as defined by the court. Additionally, the representative must be capable of fighting for the rights of their class. Federal Rule 23 also insists that there be no family or financial relationship with the class action attorney pushing for the case.

For information on Class action click here.

Accident Lawyers and Auto Accidents

Accident lawyers deal with a number of cases that stem from auto accidents to accidents on the job. Chicago car accident lawyers defend their clients rights and must know a plethora of laws that protect people, such as workmans compensation rights. Lawyers can work with insurance companies, to ensure claims are processed properly and to guarantee the victim gets all benefits they are owed.

Accident lawyers, specifically car lawyers, take care to provide the best service to the victim. Whether the person suffered from a dog bite or was struck in an auto accident, accident lawyers are on the side of the victim. Accidents occur every day and everywhere, and accident lawyers must be prepared to handle large caseloads. There are a number of people that get involved in accidents and do not seek the help of a lawyer, but it is probably best to do so in order to ensure all rights are given.

Claims for auto accidents can be hefty and lawyers can assist the victim in processing claims. They can work with the insurance companies to gather all information the victim would need to properly process the claim. Insurance companies have many policies that can be difficult for an accident victim to understand. If the victim has a lawyer, it can make the process easier, allowing for the victim to be at ease. Especially if the victim has been injured, the lawyer can work directly with the insurance company and relay all information to the victim.

Auto accidents in the winter are especially treacherous, with many people not taking their time to drive in the snow and/or ice. The numbers of accidents increase during this time of year and accident lawyers have to be alert and ready to take on a plethora of cases. Another type of accident that occurs in the winter is slip-and-fall accidents.

Car accidents account for a large number of injuries per year. An experienced auto lawyer will know exactly how to handle the claims and assist the victim as best as possible. It can be difficult for the lawyer to work with a client that has been severely injured, but they are take care to know how to properly work with their client and provide the best service. The lawyer will discuss in-depth with the client how long it will take to process the claim. Due to the number of clients lawyers have, they are experienced in knowing the length it will take for a victim to receive their benefits from the insurance company.

It is always best to take care, whether it is while driving, working, etc to avoid accidents. Processing an accident claim can be a draining experience, not to mention the recovery time it takes to heal if injured. But knowing that a lawyer would help in part of the process can allow the victim to rest and take care of him- or herself. Accident lawyers are there to help and make the process as easy as possible.