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A New Jersey Personal Injury Lawyer Discusses the Class Action Lawsuit

New Jersey personal injury lawyerIf you were recently injured by a defective household product, dangerous drug or other hazardous manufactured item, you may be interested in speaking with a New Jersey personal injury attorney about joining or starting a class action lawsuit. A class action is a group of plaintiffs who gather together against a common defendant with allegations of injury due to that defendant’s negligence or defective product.

Your New Jersey personal injury attorney will explain that class actions are very common in the context of defective products or dangerous drugs because these goods are distributed to every corner of the United States, often making it very difficult to resolve each claim individually.

A New Jersey Personal Injury Lawyer Explains the Requisites of a Class Action Lawsuit

Plaintiffs in a class action are represented by a single plaintiff, known as the representative. In order for a New Jersey personal injury lawyer to participate in a class action lawsuit, there must be certain factors that are present. These factors are reviewed by a judge prior to classification of the lawsuit as a class action. If any of the following factors are missing, your New Jersey personal injury attorney may need to file your claim on your behalf individually:

  • The number of plaintiffs is so numerous that joinder of all members is impracticable;

  • There are questions of law and fact common to each plaintiff in the action;

  • The representative’s claims and defenses are typical of the claims and defenses of the entire class, and;

  • The representative will fairly and adequately protect the interests of the entire class.

Fed.R.Civ.Pro. 23(a)

Your New Jersey personal injury attorney will present arguments to the federal judge assigned to the case asserting that the action meets all of the above criteria. Once the judge is satisfied that the class action will adequately address the needs of all involved plaintiffs, the case may proceed.

Contact an Experienced New Jersey Personal Injury Attorney Today

Your New Jersey personal injury attorney will explain that commencing a class action against large corporate product makers is a surefire way to hold the company liable for its wrongdoing on a large, public scale. If you are interested in discussing your options, New Jersey personal injury lawyer Gerald H. Clark can help. Call today for an appointment: (877) 841-8855.

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