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  1. #1
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    Sep 2016
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    Default Are You Required to Join a Class Action if Injured by a Defective Product

    If you are injured by a defective product, and a class action has been filed against the manufacturer, are you required to join the class action or can you pursue your own, individual case?

  2. #2
    Join Date
    Sep 2005
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    Default Re: Are You Required to Join a Class Action if Injured by a Defective Product

    You do not have to join a class action, and may pursue an individual case against the defendant. Class actions work best when the plaintiffs have highly similar facts and injuries, and particularly when the economics of the claim make it difficult for the plaintiffs to pursue individual actions -- for example, if 100,000 people suffer a $5 injury, it is unlikely that any individual would file a lawsuit for the $5, but the collective claim that could be brought on behalf of the injured parties as a class is economically viable to pursue in court.

    At times, even with a larger claim or smaller pool of plaintiffs, the class action process can result in a more efficient resolution of claims without affecting the settlement value; but if you have a significant injury it does make sense to consult your own lawyer before deciding whether or not it makes sense to join a class action.

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