Answer by SoccerRefToo
Syd
You do not file a class action suit. You can bring suit directly against the company. A single action does not create a class.
Soccerref
Answer by Kathi S
As an individual you cannot file a class action suit. If there is already one pending then you would contact the attorney who is filing it on behalf of all the people involved and they will evaluate if you qualify to join the suit.
Answer by RA
Why would you want to be involved in a class action lawsuit?
The only winner in a class action law suit is the lawyers handling it. For class action suits you need so many people that after the lawyers take their cut, which would be anywhere from 25-50% of the settlement, the rest is divided equally amongst those involved, you would be considered lucky if you got $ 500 dollars for yourself.
Get a personal injury lawyer and sue them yourself.
Answer by HD
you can't, but a lawyer can.
Answer by LilMonkey
If you believe that there is a significant number of other people that may have been harmed by the same drug that you think caused you harm, you may have grounds for a class action. You will have to find an attorney that files class action lawsuits, and they will approach the court to get the lawsuit certified as a class action.
Some of what a court will look at to qualify a claim as class action includes the following:
* Reasonable class size – This requirement generally speaks to an informal minimum as opposed to a maximum number of plaintiffs. Some of the smallest plaintiff classes have consisted of 20 people, and the largest classes have included thousands of individuals.
* Common facts about class action lawsuits – In order for a proper trial to be held with a high number of plaintiffs, the facts that surround the injuries as well as the specific injuries suffered must be similar enough that justice would not be threatened by offering all of these different fact scenarios at once.
* Common claims or defenses for class action lawsuits – Once again, it must be proven successfully to the court that all of the individual claims of the plaintiffs are similar in terms of the rights pursued under the law, and that the defense that would be asserted would also be similar in individual lawsuits.
* Representatives will fairly protect the interests of class members – Finally, the court must be convinced that the lead plaintiff or plaintiffs will properly represent the interests of the remaining members of the class, which generally means that there are no conflicts of interest that exist between class members.
http://www.depakotebirthinjury.com/class-action-lawsuits/
http://www.ehow.com/how_4423105_file-class-action-lawsuit.html
Answer by Mutt
1) Hire a lawyer.
2) Let the lawyer decide if it is enough for a class action or not, and let him do what he does.
Answer by Neil Smith
If you are seeking damages relating to personal injuries associated with the drug, you are better off filing an individual suit, and not a class action. Sometimes we see advertisements talking about mass tort cases, where many people are injured. Those are considered mass tort cases. Examples include Avandia and Vioxx.
It's also possible that you could file a class action (possibly in addition to your injury/tort case) seeking a recover of money paid, plus punitive damages, plus attorney fees. This would likely be based on your state's consumer protection statutes.
You do not need a group of people to file a class action. That is a common misperception. You do, however, need the ability to prove that there are other people who suffered similar injuries.
Neil
neil@smithlawfirm.com
http://www.smithlawfirm.com
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