Halifax Class Action Lawyers Helping Victims Come Together And Seek Justice
In most lawsuits a single person, the plaintiff, files a lawsuit to pursue a claim, but if the defendant is a large company or institution or government, they may have much greater resources to fight a claim brought by a single plaintiff.
A class action lawsuit helps level the playing field because all of the plaintiffs who have been harmed join together to pursue a single claim against the defendant.
Many class action cases are filed by plaintiffs who have been harmed as a result of historical abuse, discrimination, defective products or some form of unfair treatment. The class members all share the same goal: to recover compensation for their harms and losses.
If you want to file a class action lawsuit—or would like to participate in an existing class action lawsuit—contact our class action lawyers at McKiggan Hebert. Call (902) 423-2050 now to schedule a free consultation regarding your case.
What Are Class Action Lawsuits in Nova Scotia?
Most personal injury lawsuits involve one plaintiff and one defendant, but the rules are different in class action lawsuits. In a class action lawsuit, one person (or a small group of people) bring forward a claim on behalf of a larger group of plaintiffs. The court will review the case and determine whether or not it should be certified as a class action case. If it is certified as a class action case, each plaintiff will have an equal right to recover compensation from the defendant if it is ordered by the court.
If you’re thinking about filing a class action lawsuit, turn to the team of experienced class action lawyers at McKiggan Hebert.
What Factors Does the Court Consider During the Certification Hearing?
The court must determine whether or not a claim can move forward as a class action lawsuit. This decision is made during what is called a certification hearing. During this hearing, the court will take a number of factors into consideration, including:
- Whether there is an actual cause of action;
- Whether there is an identifiable class of plaintiffs who can participate in the lawsuit;
- Any legal issues that are common to all of the class members;
- Whether or not a class action is the best way to resolve the plaintiffs’ cases; and
- Whether the proposed representative plaintiff is capable of representing all plaintiffs involved in the case.
The court will decide if the case should be certified as a class action lawsuit after reviewing all these factors.
What Happens After A Certification Hearing?
If a case is certified as a class action lawsuit, the plaintiffs may begin negotiating with the defendant to reach a settlement. The defendant may settle with the plaintiffs outside of the courtroom to avoid the time and cost of taking the case to trial. However, if both sides cannot agree on a settlement, the class action lawsuit will proceed to a “common issues trial” where the court will make a binding decision on all the legal issues that are common to all the class members.
What Are the Benefits of Filing A Class Action Lawsuit?
The biggest advantage to proceeding with a class action is leverage. A single plaintiff, by themselves, may not have the resources to fight a claim against a huge well-resourced defendant. They have no leverage to negotiate a favourable settlement, but if the defendant faces the risk of a much larger judgement on behalf of hundreds of class members it provides the plaintiffs with more leverage to settle the claim.
There are a number of benefits to filing a class action lawsuit instead of taking legal action on your own. If each victim files a separate lawsuit, each victim will have to prove the defendant is liable in their case. This means liability must be proved over and over and over again in order for every victim to win their case and recover compensation, but if these victims come together and file a class action lawsuit, they only need to prove liability once.
Usually it makes sense to file a class action rather than an individual lawsuit if the damages suffered by each victim are not sufficient enough to make an individual lawsuit economically viable. In other words, if the amount of the individual claim is relatively small there may not be enough money recovered to pay for the cost of the legal expenses involved in pursuing the claim.
No amount of compensation may be able to change the harm you have suffered, but filing a class action lawsuit can help victims recover compensation for the harms and losses they have endured.
Seek Legal Representation From the Class Action Lawyers At McKiggan Hebert
Are you a member of a group of people that has been harmed by the same party? If so, you need to seek legal representation from a skilled class action lawyer at McKiggan Hebert as soon as possible. You have the right to join forces with other victims to file a class action lawsuit against the party that caused you harm—and we can help.
Our Personal Injury Attorneys in Halifax have received national recognition for the class action lawsuits we have pursued on behalf of our clients. These cases are complex, but we know what it takes to reach the best possible outcome for victims.
To book your free consultation, call McKiggan Hebert at (902) 423-2050 or submit your information using the form on this website.