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Virginia Attorneys > Charlottesville Defective Product Class Action Attorney

Charlottesville Defective Product Class Action Attorney

When individual victims take on very large companies, the fights are like David vs. Goliath. Typically, David does not fare very well in these battles. Most companies have a small army of lawyers and experts whose only mission is to deny compensation to injured victims. To level the playing field, U.S. law allows thousands or even millions of victims to pool their resources. When many Davids take on a single Goliath, the outcome is usually much different.

Numbers are important in these situations, but an average lawyer still produces average results. At MichieHamlett, our defective product class action lawyers in Charlottesville always go the extra mile for our clients. We work hard to build an evidence-based claim for damages. Part of this process usually includes associating with top experts in the field who can communicate well with jurors. Therefore, we usually obtain results which exceed our clients’ expectations.

Benefits of a Class Action

As mentioned, class actions allow plaintiffs from different parts of the country to consolidate their cases into a single action. There are some specific benefits as well.

Generally, the judge appoints a special court master to oversee a class action claim. This master usually has specific technical knowledge about the issues in the case. So, this individual can better manage things like pretrial motions and discovery disputes.

Furthermore, class actions truly allow victims to strike a blow for justice. Class action settlements are usually quite large. So, these settlements and verdicts always make the headlines. As a result, the company must truly change the way it does business and put more stock in consumer safety.

Finally, the judge usually appoints the very best Charlottesville defective product class action attorney to steer these claims through the system.

Does My Claim Qualify as a Class Action Claim?

Prior to 2010, the answer to this question was very unclear, because the law was very uncertain. As a result, individual courts basically made up their own rules. So, results were very inconsistent.

However, a recent line of Supreme Court cases has crystallized the issues in Federal Rule of Civil Procedure 23, which is the class action rule. To consolidate their actions, the class of victims must show the following:

  • Numerosity: There must be so many victims that it is completely infeasible to adjudicate their cases individually. Most courts set the number at forty. But in some cases, the class could be much smaller.
  • Commonality: Technically, Rule 23 simply requires victim/plaintiffs to show common issues of fact and law. But that’s not enough. Victim/plaintiffs must also show that a common solution is available and would fix everyone’s problem.
  • Typicality: In addition to common overall issues, the specific claims and defenses in each case must be roughly the same. Additionally, there cannot be one victim who is subject to a defense that the other class members are immune to.
  • Adequacy: The Charlottesville defective product class action attorney who quarterbacks the operation must adequately represent all victim/plaintiffs, and not just a few of them.

Other important considerations include an ascertainable class, an adequate class definition, and the type of relief requested.

The judge will certify the action as a class action if victim/plaintiffs establish all these elements by a preponderance of the evidence, a legal term which means “more likely than not.”

Contact a Savvy Attorney

Class actions increase the chances for fair compensation. For a free consultation with an experienced Charlottesville defective product class action lawyer, contact MichieHamlett. We do not charge upfront legal fees in these matters.

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