Class actions involve a large group of people with common legal claims or factual issues, such as injuries from defective products, consumer fraud, environmental hazards, or employment discrimination. 

For example, if many Pensacola residents were affected by the same faulty product or unfair business practice, a class action would allow a single lawsuit to resolve all related claims together.

Why File a Class Action?

There are several reasons why a class action lawsuit may be the best way to pursue a personal injury claim. Reasons for class action lawsuits include:

  • Efficiency and cost-effectiveness: Class actions combine many small claims into one case, making litigation affordable and efficient. By sharing expenses such as attorneys’ fees, expert costs, and discovery expenses, class members reduce individual financial burdens while also saving valuable court resources.
  • Increased negotiating power: A large group of plaintiffs may have more power against a large corporation than an individual. The collective strength of the class can increase the likelihood of a favorable outcome and better settlement terms.
  • Minimal personal involvement: The plaintiffs are the primary parties involved in the litigation. Class members have a passive role, which saves individuals time and stress while allowing them to be a part of the claim.
  • Accountability: Class actions can hold parties and companies responsible for negligence, fraud, and other wrongful acts. These parties may have escaped liability had the class action lawsuit not been filed.

Filing a class action can be one of the most effective ways to pursue justice when many people are harmed by the same negligent or wrongful conduct. 

How Does a Florida Class Action Lawsuit Work?

Class action lawsuits allow a group of individuals with similar claims to combine their cases into a single lawsuit. In Florida, these cases follow specific procedures designed to ensure fairness and efficiency.

Prerequisites to a Class Action

Rule 1.220 of the Florida Rules of Civil Procedure explains the procedures and requirements for filing class action lawsuits in Florida. The rules set forth four prerequisites for class action lawsuits:

  • The members of the proposed class are so many that separate lawsuits would be impracticable;
  • The claim or defense of the representative party raises questions of fact or law that are common to the entire class;
  • The claim or defense of the representative party is typical of the claim or defense of the class members; and,
  • The representative party can adequately and fairly represent and protect the interests of the class members.

Meeting the prerequisites under Rule 1.220 is essential before a class action can move forward in Florida.

Steps in Filing a Class Action

Filing a class action lawsuit involves several key steps under the Florida Rules of Civil Procedure. These steps ensure that the case is properly certified and that all class members are fairly represented throughout the process. 

The general steps include:

  • Filing the complaint and a motion asking the court to certify the case as a class action;
  • Notifying potential class members of the lawsuit and their right to opt out; and,
  • Proceeding through the litigation process, including discovery, settlement discussions, and, if necessary, trial.

Following these steps allows plaintiffs to pursue a collective claim efficiently while ensuring fairness and transparency for all class members.

What Types of Personal Injury Claims Become Class Action Lawsuits?

Any action that has a large group of people who have suffered the same harm may become a class action lawsuit. Types of personal injury claims that may become class action cases include:

  • Defective products: Defective products have the potential to harm thousands of individuals. Cases include medical devices, prescription medications, automobile parts, toys, electronics, weed killer, etc.
  • Mass disasters: Accidents that cause many people to be killed or injured may become class action cases, including plane crashes, train derailments, and building collapses.
  • Toxic torts: Toxic tort cases arise when a large group of people are exposed to dangerous or hazardous substances, including contaminated water, workplace conditions, and consumer products.
  • Contaminated food: Injury claims may arise from contaminated food, which often impacts many people.
  • Environmental disasters: These situations often arise from accidents or catastrophic events, including oil spills, explosions, and dam collapses.
  • Occupational illnesses: A large number of employees may be harmed by exposure to hazardous workplace conditions.

Plaintiffs and class members in a class action lawsuit can recover compensation for economic and non-economic damages. The compensation received depends on many factors, including the strength of the claim, individual losses, and settlement terms.

Given the complexity of class action litigation and the strict certification requirements, it’s important to work with experienced Pensacola attorneys. A lawyer skilled in class action cases can assess the strength of potential claims, handle procedural challenges, and advocate effectively to protect clients’ best interests.

If you have questions about a personal injury claim, contact Gross & Schuster Injury Lawyers today for a free consultation with a Florida personal injury lawyer.

If you’ve been injured in an accident, please contact our experienced personal injury lawyers in Florida at Gross & Schuster Injury Lawyers to schedule a free consultation today. We have five convenient locations in Pensacola, Navarre, Crestview, Milton, and Mary Esther.

Gross & Schuster Injury Lawyers – Pensacola Office
803 N Palafox St
Pensacola, FL 32501
Phone: (850) 434-3333

Gross & Schuster Injury Lawyers – Navarre Office
9933 Navarre Pkwy
Navarre, FL 32566
Phone: (850) 757-2898

Gross & Schuster Injury Lawyers – Crestview Office
1501 S Ferdon Blvd
Crestview, FL 32536
Phone: (850) 407-7726

Gross & Schuster Injury Lawyers – Milton Office
6373 US-90
Milton, FL 32570
Phone: (850) 790-7790

Gross & Schuster Injury Lawyers – Mary Esther Office
151 Mary Esther Blvd Suite 103A
Mary Esther, FL 32569
Phone: (850) 809-0170