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This article has been written and reviewed for legal accuracy and clarity by Tort Defenders’ writers and staff and is as accurate as possible. This content should not be taken as legal advice from an attorney.
Class action lawsuits allow people with similar complaints to sue a person or organization as a group. These civil suits allow the group to bring the complaint together, strengthening the argument for wrongful treatment or negligence and lowering the cost of the case.
The timeframe for class action lawsuits varies. The process can take two or three years. However, appeals and other legal steps can lengthen the process. Also, the complexity of the case and the number of plaintiffs who join the class action suit could play a role.
Though timeframes can differ, the process of a class action lawsuit is similar in most cases. A lawyer files the initial complaint to start the process and waits for the court to accept their request for a class action suit.
Here’s a closer look at the rest of the process and the factors that affect the length of time before a settlement.
What Is a Class Action Lawsuit?
A class action lawsuit is a civil suit brought against a defendant who is believed to have wronged a large group of people. Class action cases often involve groups of consumers who may have suffered similar harm when using a certain product or service. For instance, there have been suits against baby food producers who sold food tainted with heavy metals. People with children whose development was affected by the foods could join the class action suit.
Other suits involve side effects of medication that caused severe damage in patients who were unaware of the potential risks when they began taking the medicine.
A recent example of a class action lawsuit involves Johnson & Johnson. The company’s talcum powder products were linked to an increased risk of developing ovarian cancer because of contamination with asbestos.
Also, suits involving Roundup maker Bayer also seek compensation for cancer patients whose illness was linked to the herbicide’s main ingredient glyphosate. Glyphosate increases the risk of developing non-Hodgkin’s lymphoma. The members of a class action suit involving this case would likely need to have developed this disease to take part.
Collective lawsuits do not necessarily have to involve corporations. Water contamination at Camp Lejeune, a U.S. military base, led to a number of lawsuits, as military members and their families suffered a variety of serious ailments linked to volatile organic compounds (VOCs) in the water.
Factors That Affect the Length of a Class Action Lawsuit
It can be difficult to predict the timeframe for a class action suit. However, several different factors can lengthen or shorten the process, including:
- Size of the lawsuit: It can take time to identify and add members to the class action suit after initial certification.
- Investigation: Lawyers must build a case through investigations, talking to experts, and collecting information. This can lengthen the preparation time.
- Negotiations: The defendant may try to negotiate a settlement. This can be a long process of offers and counteroffers.
- Location: Some jurisdictions may be busier than others. The court schedule could be full, delaying hearings for the case.
- Complexity: Cases can often hinge on arguments related to duty of care, negligence, or other nuanced details. It can take time for the court to discern the facts and look at precedents for each argument.
If the defense appeals, it can also lengthen the case. Even if a higher court does not overturn the verdict, plaintiffs may have to wait for the appeals process.
Steps in a Class Action Lawsuit
Class action lawsuits usually start when an individual or lawyer identifies a cause. This could be anything from a faulty product that caused injuries to the mistreatment of employees to business practices that harmed a community.
From this point, the lawsuit follows specific steps.
- Lawyers file a lawsuit against the defendant. The plaintiff is an individual or group that was harmed by the actions or negligence of the defendant.
- The lawyers argue for a class action lawsuit, trying to prove that a group of people is large enough for a class action and that all their cases are similar enough to be tried together.
- The court hears the arguments for a class action suit and either denies the request or certifies the class action.
- The lawyers can then seek additional victims to join the class action suit as plaintiffs. Also, class members can opt into the lawsuit or opt out of the case at this time.
- The case proceeds into the discovery phase. Lawyers conduct depositions, collect documents, find evidence, and prepare to try the case.
- Negotiations may take place before the case goes to trial. Defense lawyers may make settlement offers. Plaintiffs’ attorneys can counter and try to reach an agreement.
- The case goes to trial if there is no settlement. Then, there may be an appeals process after the verdict.
The final step, if the class action suit is successful, is the distribution of funds, minus legal fees, to the members of the class.
How Long Does It Take To File a Class Action Lawsuit?
The timeframe for filing a class action lawsuit depends on several factors. Actually filing the paperwork with the relevant court is a quick process. However, lawyers may spend weeks or months preparing the case and ensuring it meets the requirements of a class action suit.
The court can then take additional time to decide whether or not to certify the class action.
Steps for Filing a Class Action Lawsuit
The process follows specific steps once plaintiffs start coming forward with complaints of mistreatment, harm, or negligence. Here is a look at what happens next.
- Lawyers take time to perform background investigations to ensure the plaintiffs suffered the same damage and the defendant’s actions caused the harm.
- Then, they build the initial class action complaint for the judge.
- After they file the complaint, the court assesses it and certifies or denies it.
The case can continue if this initial filing results in certification.
Is a Class Action Lawsuit Worth It?
Class action lawsuits can be cost effective because one team of lawyers represents many plaintiffs. Also, the presence of multiple people who suffered the same harm can strengthen the arguments against the defendant.
There are several factors to consider when deciding if a class action lawsuit is worthwhile, including:
- Deciding if class members suffered the same damage;
- Gauging the likelihood of success based on previous cases;
- Assessing the cost and likelihood of success if you opt to pursue a case on your own.
The right legal team is essential for a class action lawsuit. They can ensure the case has merit, is likely to get certified, and can yield positive outcomes.
Choosing the Right Legal Representation for a Class Action Lawsuit
If you want to file a class action lawsuit, you need lawyers who can handle the complexities of such cases. Here are the qualities to look for when selecting the best legal team for your class action case:
- Experience with similar cases;
- A record of successful outcomes in similar suits;
- Expertise in the legal area related to your case;
- Fee structure;
- Willingness to communicate with clients.
With an experienced legal team, you can pursue a class action lawsuit. They will give you an honest assessment of your chances of success and provide you and the class members with the necessary information and insights during the process.