While this site is all about the class action lawsuit, you are probably aware
that there are other ways to redress wrongs and receive corrective measures
between parties within the law. Let's take a look at the pros and cons
of these measures in the light of the alternative, the class action suit.
First of all, you could just seek immediate redress from the owner or operator
of the company in question rather than bothering with court at all. Thousands
of people do this daily; aquarium filters break the week after they are purchased
and are exchanged for a new one at the pet store. The pro here is it's
a pretty easy process. The con? Odds are good that the store, the manufacturer,
and everyone else involved will most likely not see their mistake in the manufacturing.
Only a big solution, usually in cash terms, can convince them to change their
ways.
If the problem caused between you and another party is quite large, you may
of course decided to pursue a lawsuit on your own. If you win the suit, you
may have a lot of cash for gold jewellery on your hands in case of a victory.
And you won't have to share with anyone else, either.
On the other hand, you would have had to take all the risks of launching the
lawsuit, paying the lawyer, and providing evidence on your own. One of the great
things about class action lawsuits is the fact that in themselves, they signify
overwhelming evidence. One individual suing over a collapsed deck on a prefab
home might be a fluke, or might have done something to cause the
collapse himself. If it's happening in half of the prefab homes,
though, it is pretty obvious the problem lies with the manufacturer.
Out of pocket lawyer fees are also pretty expensive when shouldered individually.
Unless you were the skilled and lucky person on the other end of a big company's search, you probably won't be able to afford it on your
own.
Many times in class action suits, defendants are tempted to settle outside
of the suit itself. This can be appealing, because it means receiving the money
without all the hassle. However, it can also mean missing out on a much larger
settlement down the road.
Finally, the last alternative to a joining a class action suit is doing nothing
at all. You might not have the time, you might think you will join up after
you finish your real estate license training, and so on. However, you should
know that most of the time, once the suit has been settled, courts will no longer
hear new cases involving the same incident. That means it is in your best interests
to sign up as soon as you hear about a class action case concerning matters
that directly relate to yourself.
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