Understanding Georgia Personal Injury Class Action Claims


May 08, 2011

In a class action lawsuit, a plaintiff or a group of plaintiffs represent a larger group of people with similar legal claims against a particular defendant or group of defendants.

The reason that class action lawsuits can be helpful is that they put less of a burden on the court system than having to hear thousands of separate cases all involving the same claims. It also empowers plaintiffs with smaller claims to step up and have a larger voice in moving for changes in abuses that are prevalent by some large companies.

Through strength in numbers, you can help hold corporations accountable for their wrongdoing against yourself and against society. Class actions help protect others in the future from a company perpetrating the same injustices. The personal injury lawyers at Montlick and Associates represent injured parties in order to help them obtain monetary compensation in a class action claim.

Examples of Different Types of Class Action Lawsuits:

  • Defective products - dangerous products, vehicles and drugs.
  • Drug fraud and pricing fraud
  • Insurance fraud
  • Environmental hazards and exposure - companies that pollute and destroy.
  • Employment discrimination - based on age, sex, race, religion and gender.
  • Unfair business practices

Certification of Class Action Suits

To have a class action lawsuit certified, the Lead Plaintiff and class action attorneys must show that the case meets several criteria:

  • There is a legal claim against the defendant (s).
  • The group who has been harmed is significantly large enough, has been injured in a similar way, and the cases of members of the class involve similar issues of fact and law as those of the case of the Lead Plaintiff (s).
    • A class action might not be certified if, for instance, people have suffered different kinds of side effects from a drug that is defective. These injury differences would require different evidence for the different class members.
  • There is a Lead Plaintiff that can adequately represent the class and its members and they have a reasonable plan. The Lead Plaintiff must also have no conflict with other class members. This plaintiff must also represent the class in that they make sure that the damages that end up being awarded are fair and across the board.

Potential Members of the Class Action Suit are Notified

When the lawsuit is certified, the class of people involved is notified in the manner approved by the court, which may include mail, email or notification may come through the media and Internet as well. Membership of the class action is automatic and includes everyone affected unless they choose to opt out.

How Recovery is Divided

At the end of the class action lawsuit the court decides how to divide any recovery. The attorneys are allocated costs and fees and these are often a percentage of the total recovery. The Lead Plaintiff receives an amount that is determined in part by their participation in the lawsuit, and the rest of the recovery is divided among the class members.

If you believe you have experienced wrongdoing and live in Georgia, but do not know how to go about righting the wrong, contact our Georgia class action attorneys at Montlick and Associates today for a free evaluation of your case.

If you or someone you love has suffered as a result of a wrongdoing by a large company, you may be entitled to compensation for your injuries. Montlick and Associates is dedicated to providing exceptional service as part of our constant goal of being the best personal injury law firm in Georgia. Our experienced Georgia personal injury lawyers are available to assist clients throughout all of Georgia and the Southeast, including but not limited to Albany, Athens, Atlanta, Augusta, Columbus, Gainesville, Macon, Marietta, Rome, Roswell, Savannah, Smyrna, Valdosta, Warner Robins and all smaller cities and rural areas in the state. No matter where you are located our attorneys are just a phone call away, and we will even come to you. Call us 24 hours a day/7 days a week for your Free Consultation at 1-800-LAW-NEED (1-800-529-6333). You can also visit us online at www.montlick.com and use our Free Case Evaluation Form or 24-hour Live Online Chat.

Category: Personal Injury

Please Note:
Many of our blog articles discuss the law. All information provided about the law is very general in nature and should not be relied upon as legal advice. Every situation is different, and should be analyzed by a lawyer who can provide individualized advice based on the facts involved in your unique situation, and a consideration of all of the nuances of the statutes and case law that apply at the time.