Are you eligible for a class action?
Class actions provide a vehicle whereby a large number of people with similar or related claims, common facts and questions of law can prosecute their claims simultaneously. This affords an opportunity to share the costs of the action between them and avoid the need to have multiple hearings.
Some examples of class actions include:
Employment class actions;
Consumer product class actions;
Medical class actions: Medical malpractice or negligence of a larger scale;
Human rights class actions;
Personal injury: Through food, water or product contamination, and defective products;
There are other examples which we are happy to discuss with you upon further enquiry.
When should you consult a lawyer about making a claim?
A class action lawsuit can level the playing field for people who ordinarily would be unable to afford a lawyer to act on their behalf. When claims are brought by many who share a common cause of action, then as a group they can pose a far more formidable challenge to either a large organisation or government institution at fault for their injury, loss or damage.
There are time limits to this of course. It is important to obtain experienced legal advice at the first available opportunity when pursuing a class action lawsuit, whether it be for consumer products, workers compensation entitlements or other relevant pursuits. The sooner you obtain legal advice, the more you enable your legal team to to provide you with advice on the prospects of pursuing a class action and appropriately prepare your claim prior to the limitation date. This ultimately offers both you and your legal team the best chances of success.
What is required to bring a Class Action to court?
There are a number of requirements which must be satisfied in order to enable a class action to be brought to court and filed. They are:
There must be at least seven (7) people who intend to claim against the same defendant.
The claims must arise out of the same or similar or related facts or circumstances.
There must be a common question of law that is to be determined applicable to all claims.
Why are Brydens Lawyers the right representation for you?
Brydens Lawyers has been representing plaintiffs for over 50 years in claims for personal injury. With a dedicated team of professionals, we ensure all persons affected receive the compensation to which they are entitled.
Additionally over those years, we have been operating on a ‘No Win – No Fee’ policy. Simply put, if a personal injury or compensation client is unsuccessful in their claim, then Brydens Lawyers will not raise a tax invoice for having acted on their behalf. That is, if the claim is unsuccessful, we do not get paid. More information about how this works can be found on our No Win – No Fee page.
What is your next step?
There are different types of class actions across many different fields which means the steps involved may vary depending on the action. Although there are varying fields, there are common stages that a case will go through:
The potential claim is investigated by our legal team and advice is provided.
The claim is brought by a representative plaintiff on behalf of all members of the class action.
The class action is brought on behalf of all persons who fall within the definition of those identified as plaintiffs. Such persons can be defined by a list of names individually recognised or alternatively, by a criteria. For example, the class action may be brought on behalf of all persons who held shares in a particular company during a specific period . In those circumstances it is not necessary to individually name all members of the class action.
Every potential claimant who has been named in the class action or satisfied the criteria for inclusion in the class action will automatically be included in the class action unless that person elects to “opt out”.
For further information and professional advice regarding the process of a class action please call usat 1800 848 848 or contact us online.
