CALL 916-777-7777
Youtube Facebook-f X-twitter Linkedin-in

I Might be a Member of a Class Action Lawsuit, What Should I Do?

Posted on behalf of Arnold Law Firm in
class action complaintA class action lawsuit is when one person (or a few people) sue a negligent corporation on behalf of the entire group of people who could have incurred damages, known as class members. The person filing the legal complaint is known as a class representative. Potential class members may be notified directly via mail or email or by advertisements after the court approves the case as a class-action lawsuit and/or after a preliminary settlement is reached. If you receive notification of a class action lawsuit that applies to you, you can decide whether you want to participate.

How Do I Join the Class?

In most cases, you will be included automatically in the class unless you opt out and no further action will be required by you. Class members have a passive role throughout class action litigation. If the lawsuit is successful, all class members receive equal compensation, which is awarded to all class members, regardless of the degree of harm they suffered. Joining the class means you’re eligible for compensation, but you waive the right to file a separate lawsuit. If you have been harmed significantly more than other consumers, consult a lawyer before deciding to exclude yourself from the class.

When Will I Receive Compensation?

Class actions often end in a settlement instead of going to trial, where compensation is ordered by a judge. However, the settlement must receive final approval from the court after parties involved are given the opportunity to object to or appeal a settlement. Class members generally receive payment about six to nine months after a settlement agreement is submitted to the court for preliminary approval according to the National Consumer Law Center.

What is Opting Out?

You may choose to opt out of or not join a class action suit to preserve your right to bring your own lawsuit. You will not receive compensation if the class wins in court. If your damages are significantly larger than those of the other members of the class, consult with an attorney to determine if you would benefit from opting out. If you have questions or concerns about the possibility of acting as a class representative or joining a class action lawsuit, call us today to discuss your situation and possible developing legal options.

Contact the Arnold Law Firm at (916) 777-7777.

Settlement - $3,767,000

Truck Accident

A 20-year-old man who had been married for just 12 days left home on his way to work. He was driving on Pleasant Grove Road in Sutter County in the early morning when he came upon a slow-moving truck. As he pulled out to pass the truck, the truck driver turned left in front of him. The young man attempted to steer back into his lane but his vehicle struck an un-flagged piece of metal extending from the back of the truck. He died in the resulting crash.

Expert witnesses brought in by the Arnold Law Firm proved that the truck, owned and operated by a hauling firm, should never have been on the highway that morning. Specifically, the rear and side turn signals did not work and the rear-view mirror was in a poor state of adjustment at the time of the collision. As a result, the driver, who had failed to properly inspect the vehicle before setting out that morning, couldn’t see the young man’s vehicle as it attempted to pass.

The poor condition of the truck, its lack of maintenance and the manner in which it was operated were found to be substantial factors in causing the collision that killed the young man. The testimony also established that the man had been making a lawful pass at the lawful speed limit and acted reasonably when he attempted to avoid the collision.

The man’s 20-year-old widow was awarded $3,767,000.77, his parents were awarded $185,131 and the family was reimbursed $11,899 in funeral expenses. Though money is a poor substitute for a young man’s life, this verdict demonstrates that drivers who endanger the lives of others will be held accountable for their actions.