How Long Does a Class Action Lawsuit Take?
Each suit is different; therefore, it is impossible to say how long a class action lawsuit takes. While some take nine months to a year, most take longer than a year. Some can take two years or even longer. The class action process allows the court system to work more efficiently, but that does not always translate to moving faster or getting the plaintiffs their money any sooner.
Why Do Class Action Suits Take So Long to Complete?
There are very specific steps to the class action process, no matter the nature of the damages or how large the class. All class action cases must go through each of these steps, which takes time. The case begins with a single plaintiff filing a complaint.
After filing litigation, the plaintiffs ask the court to certify their case, making it a class action lawsuit. Only once the court certifies the class action can they begin to notify any other eligible victims, known as class members. This process can take several months or even longer, depending on the case and how the plaintiff’s legal team handles the notification process.
During this time, both the plaintiff’s and the defendant’s attorneys are busy preparing for the trial. This process, known as discovery, includes identifying any expert witnesses, gathering evidence, and sharing any information they discover. While the defense builds its case, it might also consider extending a settlement offer.
Unless both sides settle before the trial date, the case will head to court, and the judge will decide if the class receives compensation, if so, and how much. The judge also approves a plan for ensuring class members receive any payout granted.
Does A Settlement Take Less Time Than Going to Trial?
Some of the time, a settlement is quicker than a trial. However, this is not always the case. Settlement negotiations can last months, and then any deal reached must still receive court approval. This could take just as long as going to trial.
Only the class representative gets a say in settlement negotiations, so the process calls for court approval as well as public hearings before it can officially approve a settlement. The judge in a class action case can order modifications to a settlement offer based on the class members’ input during a public hearing, or based on other factors. Once the court approves a settlement offer, it can put a plan in place to pay out damages to class members.
What Factors Play a Role in How Long a Class Action Lawsuit Takes?
Many factors contribute to how long it takes to settle or complete class action litigation. Most of them are out of your control, and there is little you can do to speed up the process. Smaller classes and less complex cases are easier to handle. Complex cases with thousands of class members may drag out even longer than the typical class action suit.
Procedural delays are almost inevitable in a class action suit, but the fewer disputes the better when it comes to saving time. Some courts simply move faster than others, while others have a backload of cases on their dockets.
Is a Class Action Lawsuit Faster Than Individual Litigation?
There is no way to know how long your class action case may take, but there is no guarantee an individual lawsuit would move any faster. This is especially true if you were not one of the first to file litigation against the defendant. If there are many pending suits, delays are almost a certainty. At the same time, you also run the risk of the company running out of money before your case goes to court. This is a big advantage to class action lawsuits — you are guaranteed a portion of the compensation if you join the class and the class wins in court.
Individual lawsuits do not follow the same process as class action litigation, but they can be extremely time-consuming. While you can go about your business and not worry about court appearances or meeting with your legal team when you are a member of a class in a class action suit, this is not possible during a personal injury claim or civil suit. You will need to spend months or even years working on your case to get the damages you deserve if you opt for individual litigation.
Gacovino, Lake & Associates, P.C.: Class Action Attorneys
Gacovino, Lake & Associates, P.C. handles all types of class action cases and can help you understand your legal options if you qualify to join a class. Call us today at 631-600-0000 to schedule a complimentary consultation, and let us answer any questions you may have about the class action process.
How Many People Are Needed for a Class Action Lawsuit?
No specific amount of people is needed for a class action lawsuit. A single plaintiff is enough to file the claim. However, the courts are unlikely to certify a class unless there are enough members to make it necessary to consolidate their cases. This means there are a wide range of class sizes possible depending on the facts of any given case.
In general, we recommend you do not worry about whether or not there will be enough people for a class action lawsuit. After your free case review, we will begin digging deeper into the facts of your case and collecting evidence to show the liable party caused your injuries or financial damages.
During this time, we will also consider the number of other potentially affected parties. If we determine there may be several dozen or more, we will likely pursue a class action claim or make use of other similar procedural actions with the court.
What Is the Average Size for a Class Action Class?
Class actions come in all sizes. However, most judges will not certify a class — a necessary step before pursuing compensation in this way — unless there are at least a few dozen people who fit the criteria and suffered injuries in the same way.
As for how large these classes may be, some class sizes can easily reach one million members. Having several million plaintiffs is also not unusual. If the courts certify the recent victims of the Equifax security breach as a class, this class could include one out of almost every two adults in the United States.
Why Are Class Action Classes Typically Relatively Large?
Judges are much more likely to certify a class when there are a large number of plaintiffs who have come forward. This is because these cases are complex, costly, and time consuming to litigate. When a large group of people suffered losses, it makes sense to consolidate them because it allows the attorneys and the court to work more efficiently. The fewer people involved, however, the lower this benefit.
If there are only a few members of a class, it may make more sense to handle the cases individually instead of launching into the complicated class action process. This allows each individual plaintiff to request compensation based on the merits of her own case, and receive damages based on her own situation.
What Are the Advantages of Forming a Certified Class?
The goal of a class action lawsuit is to ensure those who suffered injuries or financial losses can recover some amount of compensation from the party responsible. By consolidating all the similar cases into a single class action, each individual victim does not have to pay for her own legal team or go to court to represent her best interests.
Instead, a single case serves as the class representative and that case’s legal team either negotiates a fair settlement or the judge determines the outcome of the case, and this applies to all members of the class.
As you can imagine, this process is much cheaper and less stressful for the average class member than navigating an individual lawsuit against a large corporation. While it can be difficult to receive class action certification with a small group, we will not hesitate to ask a judge to certify a class in your case if we feel it is appropriate.
Depending on the circumstances, we might pursue other procedural action instead, including mass tort litigation which is sometimes possible with a smaller group of plaintiffs.
How Can I Talk to a Class Action Lawsuit Attorney About My Case?
If you believe others likely suffered damages similar to the ones you did, you need to discuss your situation with someone who understands how these cases work. Our knowledgeable lawyers understand the class action and mass tort process, and can offer legal advice based on the facts of your case. Call the legal team at Gacovino, Lake & Associates, P.C. today at 631-600-0000 to schedule a complimentary case evaluation.
How Much Does a Personal Injury Lawyer Cost?
Every personal injury lawyer in New York sets his or her own fees—and fee structures vary depending on the type of law an attorney practices. Some lawyers work on a contingency fee basis, while others charge an hourly rate for any work they do on your case.
If you find a lawyer that will accept your case on a contingency basis, you will pay no legal fees or expenses until you receive a settlement. At that time, your lawyer will deduct a pre-established percentage from the net settlement—after first deducting any agreed-upon expenses.
At Gacovino, Lake & Associates, P.C., our personal injury attorneys handle all cases on a contingency fee basis. To schedule a free case evaluation, call 631-600-0000 today.
Do I Have to Pay to Hire a Personal Injury Lawyer?
Technically, you do not have to pay a personal injury lawyer who works on a contingency fee basis.
Many New York personal injury attorneys will help you win your case without ever paying out of your own pocket. That is because the lawyer’s fees come out of the settlement you receive after your case concludes.
When you choose a law firm to represent you, your attorney will begin assembling all of the evidence necessary to document your claim. After submitting your claim to the insurance company, your lawyer will negotiate with the insurance company’s lawyers to reach an out-of-court settlement.
Once the settlement check arrives, your lawyer will deduct the firm’s expenses and agreed-upon fee and send you the remaining settlement.
This approach makes it possible for many people who could not otherwise afford a lawyer to pursue a fair settlement after another party’s negligence causes injuries. It also encourages lawyers to pursue valid cases to the best of their ability, since they will not receive any compensation if they lose.
How Do Personal Injury Lawyers Structure Their Fees?
Most lawyers base their contingency fee structure on a percentage. For example, your lawyer may charge 30 percent for a case that settles out of court and slightly more if your case goes to trial. Many lawyers use a two-tiered fee structure because a trial often requires significantly more time and resources than an out-of-court settlement.
New York law imposes statutory limits on legal fees for some types of practices, including personal injury cases taken on a contingency fee basis. Attorneys must put all fee agreements in writing—typically in the form of a retainer agreement—and both the client and the firm must sign.
To charge on a contingency fee basis, the statutes require personal injury lawyers to use a sliding fee scale that reduces the fee percentage as the dollar amount of the award goes up. The statutory guidelines are as follows:
- 30 percent of the first $250,000;
- 25 percent of the next $250,000;
- 20 percent of the next $500,000;
- 15 percent of the next $250,000; and
- 10 percent of anything over $1,250,000.
For example, if your settlement amount after expenses is $850,000, your law firm would calculate their fee thusly:
- 30 percent of $250,000, or $75,000;
- 25 percent of $250,000, or $62,500; and
- 20 percent of $350,000, or $70,000.
In this case, your attorney’s fees would total $207,500 and you would take home $642,500 as your settlement.
What Type of Expenses Come out of My Settlement?
Attorneys can only take their fee percentage from the net amount of the settlement after deducting any allowable expenses.
Some of the most common expenses that your lawyer may charge you include:
- Travel expenses;
- Court costs and filing fees;
- The cost of obtaining certified copies of records;
- Shipping, mailing, and copying costs;
- Professional services expenses; and
- Payments to subject matter experts and investigators.
Your legal firm should include a detailed breakdown of the types of expenses you must pay in the retainer agreement. Once your law firm deducts expenses from the gross settlement, they will subtract their fee and issue your settlement.
How Much Will My Settlement Be After My Lawyer’s Costs?
The exact amount of your settlement will depend on the factors of your case, the amount of your claim, and what the insurance company agreed to pay. However, you can calculate the approximate value of your settlement based on the amount of your claim, which will include some or all of these damages:
- All medical expenses and care costs to date;
- Lost wages and benefits to date;
- Estimated future medical and care costs;
- Estimated future lost wages;
- Pain and suffering;
- The value of any permanent injury or disfigurement; and
- Property damage.
Once your lawyer determines the value of your claim, they can calculate the contingency fees and deduct it from the total to arrive at your estimated payout.
How Can I Talk to a Personal Injury Lawyer—for Free?
In New York, the personal injury lawyers of Gacovino, Lake & Associates, P.C., understand how important it is for our clients to have access to affordable legal representation. That is why we offer our services on a contingency fee basis, so you pay nothing until we win your case. Call us at 631-600-0000 to discuss your case today.
