While the class representative might get extra compensation, it depends on various factors. The class representative might receive an incentive award that compensates her for serving as the lead plaintiff and working on behalf of the entire class; however, this does not happen in every case.
If you serve as a class representative in a class action lawsuit we pursue, we will fight to ensure you receive ample compensation for your dedication and hard work.
What Might Affect the Potential Compensation a Class Representative Recovers?
There are three major decisions a judge must make regarding compensation after she rules on behalf of the plaintiffs in a class action claim. This includes:
- The amount of legal fees and attorneys’ fees paid
- The total value of the fund for class members, or each one’s individual payout
- The compensation offered to the class representative
When judges award compensation in a class action lawsuit, they have wide discretion to offer the class representative extra compensation based on a number of factors.
Some of the factors a judge will likely consider when granting an award to the class representative include:
- The severity of injury or financial damages she suffered
- Her hands-on participation in the litigation process
- The value of the case based on the losses of all class members
Often, this results in the lead plaintiff receiving money based on their actual losses or additional funds above and beyond the compensation granted to other members of the class.
What Is an Incentive Award?
Sometimes, you may hear the court or legal professionals refer to the discretionary compensation a judge offers to the class representative as an incentive award. It offers individuals who suffered injuries or losses an incentive to serve as the lead plaintiff in this type of case. With all the responsibilities class representatives handle, it is only fair they receive some type of extra compensation for their work.
If we handle a case where you serve as class representative, you can feel confident that we will seek this type of compensation on your behalf. While these payouts are discretionary and only the judge can determine their amount, we can build a strong case for a large incentive award based on your work for the other members of the class.
We can show that you worked hard to help others in the class get the fair compensation they deserved.
What Are the Responsibilities of The Class Representative?
In most class action lawsuits, there is a single named plaintiff. Known as the lead plaintiff or the class representative, this victim is the only one whose case goes before the court. The courts treat every victim who meets the qualifications to participate in the class action as a single plaintiff, meaning the outcome of the class representative’s case determines the outcome for every other member of the class.
Sometimes, the class representative is the plaintiff who files the initial claim. Other times, it is the strongest case. When the court certifies the class action lawsuit, it also officially appoints the class representative. Serving as such includes a number of responsibilities:
- Hiring and paying the legal team on the case (all involved parties must pay legal fees)
- Officially filing the lawsuit as a class action claim
- Helping to collect evidence to prove liability and damages
- Having their case presented to the court
- Serving as a representative of the entire class in negotiations
- Agreeing to or declining any settlement negotiation offers
Gacovino, Lake & Associates, P.C.: Class Action Lawsuit Attorneys
If you believe others may have suffered injuries or financial losses the same way you did, you may have a viable class action claim. You need to discuss your case with a skilled attorney who handles these complex lawsuits. We can help you understand if you should pursue legal action, and whether you might want to serve as the class representative in your case. Call our office today at 631-600-0000 to schedule your free case evaluation.
