If you are a California resident and are considering a lawsuit against a corporation, you may be wondering what is the best forum in which to file your lawsuit. When you file a lawsuit against a corporation, you frequently have more than one option for where to file – federal court or state court. You may also have the option to join with other consumers and file what is known as a class action lawsuit or file an individual lawsuit. The first decision that you may want to make is whether to sue as an individual or join a class action.
So what are the differences between filing as an individual or as part of a class action? What are the advantages and disadvantages? If you decide to file a lawsuit as an individual, then that means that you will hire your own attorney and your attorney will file the lawsuit on your behalf and only on your behalf. Any evidence that is gathered or presented in court will apply only to your specific set of circumstances. In this case, only your relationship with a corporation will be applicable to the lawsuit. What you paid them personally, what services they provided for you (or didn’t provide for you) and any communication you had with them regarding complaints or requests for refunds will be allowed. If other California consumers had similar complaints or problems then that evidence will typically not be admissible. On the other hand, if you decide to become part of a class action lawsuit, then you will join with other consumers in one big lawsuit. You will all be represented by the same attorney, or group of attorneys. All the members of the class action will be named as Plaintiffs in the lawsuit. One of the prerequisites for a class action lawsuit is that all the members of the class have similar issues or complaints. A class action can be filed in either federal or state court. In a class action lawsuit, evidence from all members of the class may be utilized in the lawsuit.
One of the advantages of an individual lawsuit is that you will have a more personal relationship with your attorney. Your attorney will only be representing you and your interests instead of possibly hundreds or thousands of other people’s as well. Additionally, if you win an individual lawsuit, then all of the money awarded in the lawsuit will be yours – aside from attorney fees of course. On the down side, an individual lawsuit may be harder to win. You will not have the advantage of testimony and evidence from additional consumers. You may also have to bear the financial burden of paying attorney fees while the lawsuit is pending all by yourself. In a class action lawsuit, you have the advantage of a large group of people and therefore a pool of testimony and evidence which may make the case easier to win. You may also not have to pay any upfront costs of the lawsuit as attorneys are more likely to take on a class action lawsuit with an agreement to be paid out of the settlement funds than they are an individual lawsuit. On the downside, Plaintiffs rarely receive a significant amount of compensation out of class action lawsuits because the money is distributed among the Plaintiffs. So while you may be more likely to prevail, you are unlikely to receive as much money. You will also not have as much of a personal relationship with your attorney as he will be representing many clients – not just you – in the lawsuit.
If you feel that you have been wronged by a corporation and would like additional information or have additional questions, please feel free to contact the California Law Firm, Ledger & Associates at 1-800-300-0001 or visit him online at www.ledgerlaw.com
