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Is It Wise to Seek Class Action Lawsuits Or to Do Individually?

By: M Riley


Date Added : June 21, 2011 Views : 1029
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Class action lawsuits have come under sharp criticism because of claims that members receive a tiny amount as compensation despite the effort and facts they provide to the case. This has made several people to file cases individually in an attempt to get more for depending on the evidence and extent of damage. However, the advantages of class action lawsuits outdo any individual case. For instance, the amount awarded as compensation in the class action lawsuits is more than a person would get individually. This is because it represents a sum that all members will share and it is quantified to digits that will be sufficient for all. If you want to get the most out of a case, the class action lawsuits will be the best choice.

In addition, with class action lawsuits, they take a shorter time than is the case with the individual litigation. This is because in an individual case, a person is against the defendant and they have to find all the evidence until they can outsmart the defense. With the class action lawsuits, there are many plaintiffs and they increase the evidence making it a strong web against the defendant or in some cases defendants. They all have the same facts showing that the defendant was at fault. For instance, the plaintiffs may present a case against a drug manufacturer because of birth defects their children sustained because the mothers were using the drug during pregnancy. This will present a stronger case unlike when an individual presents an isolated case where the defense can also prove that the plaintiff was using something else other than the drug in question.

On the same note, class action lawsuits allow members to seek compensation even when their damages are not severe. This is because they will offer evidence to incriminate the defendant, though as part of the group. On the other hand, an individual case works best with severe damages. If the facts are not enough to show how severe the condition is, the case might not go far. This is one of the reasons that make individuals fail to seek legal assistance because they feel their situation is under control and they are afraid once the hearing starts, they will lose more money and peace of mind than if they go on with their lives as if nothing happened. Class action suits offer safety in numbers because the group must be large to show that it would not have sort individual trials because they would waste more court resources and time.

The class action lawsuits are not as involving as the individual proceedings. There are representative plaintiffs whose cases have the same facts and evidence as all members of the group and this makes it possible for some members to miss the proceedings because they are represented. With individual cases, it is important to be present and beside the lawyer should he or she want you to clear out something or listen to some of the evidence presented by the defense. However, before settling for the class action lawsuits or the individual proceedings, you need to consult the lawyer because he or she understands the risks and the benefits of each. You want your case heard and given the compensation that will help you lead a comfortable life despite the problems you endured because of the defendant’s ignorance.



Michael Riley is the author of this article on Effexor Lawsuits 2011. Find more information on Effexor Birth Defects here.



Article Source: Is It Wise to Seek Class Action Lawsuits Or to Do Individually?

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