When people in Charleston hear the words "class action lawsuit," they may quickly conjure up thoughts of hundreds of plaintiffs uniting to take on some giant corporate entity whose blatantly reckless (and often criminal) action has caused untold harm to countless victims. While this may accurately describe some class action cases, it should be remembered that all this is required for a class action lawsuit is that a group of individuals have a shared grievance against the same entity. That grievance need not always be injurious, either. In some cases, it may be something as simple as ensuring equal treatment.
Some of what banks do may seem unfair. Assessing heavy fees for various errors, paying out very small interest rates or issuing risky mortgages are all good examples of questionable ethical procedures. However, they are not always illegal.
Class action lawsuits are often viewed as being complex affairs given the size and scope of plaintiff claims. In actuality, any group of victims in Charleston that has a shared grievance against the same defendant can form a class to pursue litigation. This shared effort often lends validity to their claims. Oftentimes, classes are comprised of groups of individuals, yet there may indeed be times when businesses and even city governments join together to file a shared claim.
People in Charleston may often question what is the benefit of filing a class action lawsuit. Given that whatever award that may be netted from a class action must be split amongst the class participants, one might even question whether is it fiscally wiser to seek action on their own. Yet the strength of class action lawsuits lies in the commonality of their complaints. By demonstrating that multiple people have suffered the same injury (whether it be physical or financial) due to a similar cause, co-plaintiffs may be more likely to convince those hearing their cases of the validity of their claims.
Class action lawsuits may allow people in Charleston (as well as throughout the country, for that matter) who have common complaints to initiate a single shared action against a defendant. Some may view the multiple nature of such lawsuits as implying that they are only available to groups with several plaintiffs. In reality, all that needs to exist is a shared grievance, even if it is only shared between two people.
A common complaint amongst many in Charleston may be that local youth are not engaged enough in tackling the problems facing the community. This perceived lack of community engagement may not necessarily be due to an apathetic attitude, but rather a lack of knowledge as to the resources available to them. Kids and teens may face problems similar to the ones adults struggle with, and like adults, they have the opportunity to seek legal recourse if that is what is needed to adequately address the issues they are facing. Seeing them attempt to tackle their problems in such a mature manner may no doubt be inspiring to others in the community.
When a large group of people feels wronged by the same company, person or entity, they may become part of a class action lawsuit in West Virginia. This type of case is different than a typical one in that there are multiple plaintiffs represented by one main plaintiff. According to How Stuff Works, to be a class action suit, it must involve people from different states and have a claim that is more than $5 million.
Many in Charleston may believe that when it comes to filing a liability claim, a veritable race against time ensues. Once a company has discovered an issue and made its knowledge of that public (along with taking action in order to mitigate it), some might think that they no longer can be the target of a liability claim. Yet simply because a problem is known about does not mean that it will stop affecting people. Even after an issue is made public, the opportunity may exist for those who are affected to seek legal action.
If the magnitude of an injury toward a specific class of people reaches a point where it is not feasible for all the members of the class to file their own lawsuits, a court will allow the attorneys, evidence, defendants and witnesses to be consolidated into a single class action suit. Once this step is achieved, FindLaw explains that Charleston attorneys are free to notify other members of the affected class that the class action has begun. These notifications are meant to tell other members of the afflicted class that they can participate in the suit.
Most in Charleston might assume that large corporations are the typical targets of class action lawsuits. This may be reasonable, given that class actions require that a number of potential plaintiffs have a common complaint, and in order to affect a large number of people, whatever entity becomes the target of such litigation would likely have a large footprint. At the same time, many might not guess that the federal government would end up facing a class action, despite the fact that in terms of size, it may be perhaps the largest organization in the country.