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Class Action Lawsuit FAQ - page 3
4. How do I join a class action?Generally, before a Court certifies a class action, it must conclude that there are too many class members for them all to be named as parties in the lawsuit. Technically, class members do not "join" the lawsuit, but decide to participate by not "opting-out." Ordinarily, notice issued to class members tells each member of the class if they need to take any action to participate.If a class member decides they want to participate in the suit as a named party, they may hire their own lawyer and seek to participate in the lawsuit. However, they may be obligated to pay for their own attorney.
5. If I have a claim, should I file my own lawsuit?The answer depends on the nature of the suit and your circumstances. Some class actions seek recovery for a large group of people; however, individual damages may be small. If you have a huge amount of monetary damages, which are different from the other members of the Class then you may consider opting out. One should talk to a lawyer when making this decision. Cases, where the damages involved do not exceed several thousand dollars, may result in no recovery after those expenses and costs are deducted by your attorney due to the cost involved in litigating complex issues.
6. Who pays the lawyers in a class action lawsuit?In a class action for money damages, lawyers who represent the class are generally paid out of the recovery, i.e., "common fund" they create for the plaintiff class. In class actions involving declaratory judgments or injunctive relief, lawyers may be paid by the plaintiffs that hired them, or in some cases, by the defendants if the plaintiffs win.Attorney fee awards are subject to court review and approval. Ordinarily, if an award is made in a common fund case, it will be awarded as a percentage of the fund created for the class. A benchmark award generally accepted by the courts is approximately 25% to 35% of the settlement; although the award may be adjusted depending on the specific facts of a case.
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