How Long Do Class Action Lawsuits Take?
The class action lawsuit is one of two major legal innovations (the other being multidistrict litigation) designed to streamline litigation in the face of many claims with similar facts. Product liability cases, for example, are often well-suited to the class action form of litigation if there are many victims of the same defective pharmaceutical. Resolving a class action lawsuit can take months or even years even if it is a personal injury matter.
How Class Actions Work
In a Georgia class action lawsuit, you file a lawsuit against a pharmaceutical company, for example. The judge then certifies a class of plaintiffs whose claims are similar to yours. You notify the plaintiffs; some of them exercise their right to opt out of the lawsuit. Then comes the pretrial discovery process, followed by settlement negotiations. You can either settle the lawsuit or go to trial. Either way, your claim results are binding on the plaintiffs who do not opt out.
Following is a step-by-step description of the Georgia class action process.
Step 1: File a Lawsuit
You first commence your lawsuit by filing a written complaint with the court. In the complaint, you must identify yourself, describe your claim, and describe the class you seek to represent. The class should contain at least a couple of dozen members, but it might include thousands of parties with claims similar to yours. Preparing and filing a class action lawsuit complaint might take a few weeks.
Step 2: The Court Certifies the Class
It is up to the judge to decide whether to certify the class for a class action lawsuit. In Georgia, a court can certify a class if:
- The class is too numerous to make it practical to join all members as individual plaintiffs.
- There are significant questions of law or fact common to the entire class of plaintiffs.
- Your claims or defenses are typical of the claims or defenses of the entire class.
- You will fairly and adequately protect the interests of those members of the class who do not opt out.
The court will not certify the class if it does not meet the foregoing standards.
Step 3: Notify the Plaintiffs
You must notify the class of their inclusion in the lawsuit by mail, newspaper publication, or both. You must clearly inform each member of the class of their right to opt out in writing. If they opt out, they retain the right to file their own lawsuit over the claim. Notifying the class could take many months for a large class (with thousands of plaintiffs) or only a few weeks for a small class.
Step 4: The Discovery Process
The pretrial discovery process allows each party to a lawsuit to demand evidence that is in the other party’s possession. Discovery procedures include:
- Depositions (out-of-court, under-oath cross-examination of witnesses)
- Interrogatories (written questions that the recipient must answer in writing and under oath)
- Demands to copy documents
- Demands for access to physical evidence
- Requests for admissions
The discovery phase can take more than a year in large or complex cases, but it might take only a few weeks in small cases.
Step 5: Settlement Negotiations
You can (and probably should) negotiate with the defendant for a settlement on terms that will bind the entire plaintiff class. Settlement negotiations usually take a few weeks to complete.
Step 6: Trial
If settlement talks fail, you can go to trial. In that case, the court will determine the results of your claim. Again, the entire class (those who didn’t opt out) must live with the court’s decision. A trial might take a few weeks.
You Cannot Do This On Your Own
Don’t try to represent yourself for a class action lawsuit. Even inexperienced lawyers cannot handle this type of lawsuit. You will need a Lawrenceville personal injury attorney suited to handle class action lawsuits. Almost any personal injury lawyer will work on a contingency fee basis, which means you only pay if you win.
Contact the Personal Injury Law Firm of Lawson Personal Injury Attorneys in Lawrenceville for Help Today
For more information, please contact our experienced personal injury lawyer at Lawson Personal Injury Attorneys to schedule a free initial consultation today. We have a convenient location in Lawrenceville, GA.
Lawson Personal Injury Attorneys
320 S Perry St, Lawrenceville, GA 30046
(678) 446-3655