If the product that injured me has a class action lawsuit pending, should I join the class or seek individual damages?

An individual who has suffered losses after an injury caused by using a defective product may be better off seeking individual damages than joining a pending class action lawsuit in the following circumstances:

  • The injured person has suffered significant and extensive losses. A plaintiff may recover compensation when joining a class action lawsuit, but it may not cover the full extent of damages if they are significant and extensive. If the individual has suffered great damages, he or she may be better off filing a separate lawsuit.
  • The injured person has suffered losses different than those suffered by the members of the class. Some individuals may suffer different losses than the members of the class. In such a case, there are chances that the Lead Plaintiff in the class action lawsuit may not satisfactorily represent the interests of the injured person in question. In such cases, the injured person may file for damages independently.
  • The injured person does not want to receive a coupon for a replacement product. In cases where the injuries of the members of the class are not severe, companies are known to provide coupons which the plaintiffs can use to exchange their defective products. But if an injured person does not want a replacement product from the same company, then he or she should file an independent lawsuit.
  • The injured person wants to exercise more control over the case. A class action lawsuit does not allow an injured person to exercise control over the case like he or should would if filing an independent lawsuit.
  • The injured person’s case is more convincing than that of the class. The injured person should file claims for damages separately if he or she can build a case that is more convincing than that of the class.

If you are unsure whether joining a class action lawsuit or filing your own injury claim is the best choice for your particular circumstances, talk to an attorney. Call The Miley Legal Group today for assistance.

Tim Miley
Injury Lawyer, Author, & Owner of The Miley Legal Group