Steps for filing a class action lawsuit

By Christina Sanders

Filing a class action suit is a common way for plaintiffs to seek redress without having to dedicate the time and money of an individual lawsuit. These suits often seek to force a corporation to change an illegal or unethical practice that has affected many people. For example, a class action lawsuit was brought against Unum for illegal practices within its disability insurance claims process.

Unfortunately, class action suits can also be lengthy and complicated. To simplify this process, here are the basic steps a class action suit will take according to Class Action America.

1. The attorney or firm representing the plaintiffs files a suit with the court.
2. The defendant is then given time to respond to the filing. Often they will try to have the case dismissed or offer some other kind of legal pleading.
3. After both sides have filed, they spend time collecting evidence supporting their claims. The sides usually share this evidence with each other in order to convince the opposing side that they won’t win the case.
4. In order to qualify as a class action suit, the plaintiffs must apply for certification with the courts. The defendants can also file evidence opposing the certification. If the courts approve the certification, the lawsuit proceeds. If the certification is not approved, the lawsuit must continue on as an individual suit.
5. Once a class action lawsuit is approved, potential plaintiffs are notified of the opportunity to participate in the suit or are given the option to file an individual complaint. This is the step most of us are aware of because we receive a letter in the mail or see ads on TV asking us to seek compensation for damages.
6. If a court rules in favor of the plaintiffs at trial, the cases are almost always appealed to a higher court.
7. Sometime during the court process a deadline is set for plaintiffs to join the class action suit.
8. Once a case is ruled on, plaintiffs are rewarded damages. The amount usually varies based on who was affected the most, the total sum of money and the number of people participating in the case.
9. Of course, anytime during these proceedings a case may be dismissed. Plaintiffs may decide to drop the case, or the courts may order the case to be dismissed based on the evidence presented. Occasionally, a suit may be filed at a later time depending on the circumstances of the dismissal.

Christina Sanders writes for several blogs nationwide. To learn more about Unum Class Action Lawsuit visit here.