What Can I Win in a Class Action Lawsuit?
What you can win in a class action lawsuit depends on a number of factors. This includes the severity of your injuries, the number of people in the class, and the judge’s decision based on the facts of the class representative case.
In some cases, plaintiffs in a class action case may receive thousands of dollars each. More commonly, though, these awards come in the form of much smaller payouts. We can help you understand what you may expect from a class action lawsuit after we review the specific information of your case and learn more about the other plaintiffs.
What Do I Need to Know About Awards in a Class Action?
The Judge Only Decides on One Case
In a class action lawsuit, the court system treats the entire class of victims like a single plaintiff. This means the judge’s decision on the case applies to the entire group. If the judge sides with the defendant and dismisses the case, no member of the class can pursue further legal action. If the judge rules in favor of the class, the court will determine an award amount that the members of the class will split.
In many cases, the class representative and their team of attorneys are able to reach a settlement before the case goes before the judge for a decision. Members of the class do not have any decision-making power in this negotiation, although the plaintiff in the class representative case can speak for them.
The Judge Approves a Plan for Distribution
As a class action case concludes, the judge must approve a plan for how the defendant will distribute any payout in the case. This is the award the individual members of the class will receive after the attorneys handling the case deduct their reasonable fees and any court costs.
Usually, each individual plaintiff will receive an equal portion of the award, or a specific dollar figure from a fund. Occasionally, there is a more individualized review of damages that allows attorneys to distribute the compensation based on the damages each plaintiff suffered. This is not common, however.
Every Member of the Class Wins Something
One of the major benefits of participating in a class action is that every member of the class wins something. If each case proceeded individually, there is a good chance the defendant would file for bankruptcy protection or simply run out of money before all possible plaintiffs received the compensation awarded in their case. A class action eliminates this possibility; if the court awards a payout, every member of the class receives a portion.
For example, imagine a drug company failed to adequately warn the users of a medication that it could lead to heart attacks. The class action suit against them cost them millions, and those who used the drug or their surviving family members each received a few thousand dollars.
While this may not cover the entirety of their hospital bills and/or burial costs, it is significantly more than they would receive if each individual tried to file a lawsuit against the drug company. Only a few plaintiffs would receive the bulk of the money available, and the company would likely go bankrupt before all the cases could make it through the court system.
Class Action Does Not Always Lead to the Highest Possible Payout
While class action claims are generally one of the most efficient methods of getting the compensation you deserve, there are also drawbacks. It can be incredibly difficult to win all the compensation you need to cover your full range of damages, especially in a case where there are thousands or even millions of members of the class.
If you suffered serious injuries or major financial damages, especially if they were greater than many others in a class action suit, you may be better off opting out and not participating in the class. This is also true if you are not yet sure of your full range of losses.
By opting out, you can preserve your right to file an individual case against the defendant at a later date, and request compensation based on your specific damages and the details of your individual situation. We can help you understand if this is a good option when we review your case.
Contact A Class Action Lawsuit Attorney to Learn More
If you believe you may have a class action claim, reach out to the knowledgeable class action lawsuit lawyers at Gacovino, Lake & Associates, P.C. today. We can help you understand your legal options for pursuing compensation, manage all aspects of these complicated cases, and recover the maximum payout possible for you.
Call our office at 631-600-0000 to schedule a free case evaluation.
What Does It Mean When You Total Your Car?
What it means when you total your car is that the insurance company’s adjuster has determined that it will cost more to repair your car that it is worth. To the insurance company, it makes no sense to pay for repairs in this situation. It would rather just send you a check for the value of your car.
Is There a Formula for Calculating What Is a Total Loss?
Yes. According to TotalLossAppraisals, some states, such as California, use a “total loss formula” to figure out when a vehicle is a total loss, while other states, such as New York, go by a percentage threshold — in New York it is 75 percent.
For example, in New York, if it would cost 75 percent or more of what the car is worth to fix it, the car is a total loss. Under that rule, if the auto body shop gives a repair estimate of $8,000 or more on a $10,000 vehicle, the insurance company will cut you a check rather than invest the money in the wrecked car.
Will Your Insurance Company Pay for A New Car If Yours Is Totaled?
That depends on what kind of coverage you have. Collision coverage and comprehensive coverage can help you get a replacement vehicle, but these types of insurance are usually not mandatory after you have paid off your auto loan. If you canceled these optional coverages, you might have to take out a new loan to buy another car.
Even if you do have collision or comprehensive coverage, you are not likely to get enough money from the insurance company to go out and buy a shiny new model of your crashed vehicle. Due to depreciation, decreased value over time, and wear and tear, the car you have been driving is not worth as much as when it was before you drove it off the lot, or as much as the newest model.
Unless you carry a special option, the company will only pay you the actual cash value of your car after depreciation and other reductions in value. New car replacement coverage can put you behind the wheel of a sweet new ride rather than what you can afford after depreciation.
Gap insurance will pay the difference between what your car is worth and how much you still owe on your loan. This coverage saves you from the situation of still owing money on a car you no longer have. You can include the amount of your deductible in the coverage.
After determining the actual cash value of your wrecked car, the company will subtract the amount of your deductible and send you a check for what remains. For example, your crashed vehicle is a 2016 model that you bought for $25,000. It has 35,000 miles on it and is in good condition. Its current value is $16,500, and you have a $1,000 deductible on your collision and comprehensive coverage. The company will send you $15,500 for your totaled car.
What Should You Do If You Total Your Car?
Talk to A Lawyer
The insurance company stays in business by paying its policyholders as little money as possible. Your lawyer can negotiate with the claims adjuster to get you fair compensation for your totaled car. Also, an attorney can read your policy to look for ways to maximize your coverage.
Read Your Policy
Find out what your company will pay for a rental car and for how long. Learn what the procedures are if you disagree with the settlement the company offers.
Learn Your Rights
Your lawyer can make sure the insurance adjuster follows the law when handling your claim. Every state has an insurance commissioner and a department of insurance. Go to their websites to learn your rights and what the insurance company has to do.
Be Proactive
Do not just accept the amount of money the company says your car is worth. Check out the value online through Kelly Blue Book or other reputable sites to make sure the company is using the fair and correct worth of your vehicle.
Make Sure You Recover Your Personal Items
If the insurance company declares your car totaled, it will usually just sell it for the salvage value. You will not see your car again after that, so you should remove all of your personal property if you have not done so already.
The Lawyers at Gacovino Lake Are Here to Help
Call the personal injury lawyers at Gacovino, Lake and Associates, P.C. to get help on your motor vehicle accident injury claim. We are standing by at 631-600-0000 to give you your free consultation.
What Drug Causes Compulsive Gambling?
Anecdotal evidence shows a strong link between the antipsychotic drug, Abilify and certain compulsive behaviors, including gambling. This risk also extends to other similar drugs containing aripiprazole. Abilify is a top-selling drug often prescribed to help manage bipolar disorder.
Some users of these medications report losing thousands of dollars because of compulsive gambling, when they had no problems with gambling before their doctors prescribed this drug. There are a number of pendling lawsuits against the manufacturer of Abilify and other aripiprazole medications.
The Issue with Abilify and Other Aripiprazole Medications
Abilify works by altering two important neurotransmitters in the brain: dopamine and serotonin. This works to help manage bipolar disorder and other psychotic conditions because the levels of these neurotransmitters remain steady. However, there are also reports of significant side effects related to the tampering of these neurotransmitters. This drug appears to lead to compulsive behaviors in some people. This may include hyper-sexuality, binge eating, shopping addiction, and compulsive gambling. In addition to Abilify, other drugs in this class include Abilify Maintena, Aristada, and any other brand of medication containing aripiprazole.
Dopamine, serotonin, oxytocin and endorphins work together to set your moods and make you feel good. While medications that alter the levels of these chemicals are great tools for managing a number of mental health disorders, some side effects can be serious. Most antidepressants alter your body’s handling of serotonin, because it is known as a mood lifter. It is no surprise that these chemicals might be somehow linked to addiction and compulsive behaviors such as pathological gambling.
FDA Action Against Abilify and Aripiprazole
The U.S. Food & Drug Administration (FDA) received enough reports about Abilify and impulse-control issues to raise concerns about aripiprazole. More than 60 doctors and patients filed reports of gambling addiction, and other compulsive behaviors, between January 2005 and December 2014. The FDA issued a safety communication in May of 2016.
Though the drug warnings before 2016 had listed pathological gambling as a possible side effect of the medication, the FDA did not feel this accurately reflected the significant risk of impulse-control issues they saw in reports. They also felt additional warnings were necessary to warn users of other possible compulsive behaviors, such as hyper-sexuality, binge eating, and shopping. Thus, they added new warnings about possible impulse-control problems to both the drug label and the Medication Guide for all products containing aripiprazole. This included the most popular aripiprazole product, Abilify.
Take Action if You Took Abilify and Developed a Gambling Problem
Many people who take antipsychotic drugs have mental health issues that may already include addiction or compulsive behaviors. This sometimes makes it difficult to spot a medication-related impulse-control issue. However, there is a strong enough correlation between these behaviors and this medication that anyone who develops a gambling problem after taking this drug should contact us for more information about the ongoing litigation.
Many people enjoy gambling for fun every now and then, but those who develop a compulsive gambling problem cannot quit, even when they lose thousands of dollars. If this sounds like you or a family member, and you developed this habit after taking Abilify, do not hesitate to call us.
We may be able to help you file a claim to recover not only your gambling losses, but also damages for your related expenses, emotional suffering, and possibly punitive damages. We can document your compulsive behaviors, and collect evidence to prove your losses. We can also tie these behaviors to your use of Abilify or a related medication. Throughout this process, we will provide support and guidance, as well as ensure you get the proper mental health care to recover from your compulsion.
Talk with an Abilify and Compulsive Gambling Lawyer Today
If you suffer from impulse control issues to exhibit compulsive behavior and also take Abilify, give us a call today. The legal team at Gacovino, Lake & Associates, P.C. can help you understand the validity of your case, and explain your legal options for compensation. We will pursue a claim on your behalf, and fight to recover the payout you need to cover your gambling debts, in addition to pain and suffering for the ordeal you endured. Call us today at 800-550-0000 to set up a free case evaluation. We handle all defective drug cases on a contingency basis, so you owe us nothing until we recover money for you.
