California Personal Injury Lawyers Blog
Is My Los Angeles Mesh Lawsuit a Class Action or Individual Lawsuit?
A hernia mesh lawsuit in Los Angeles can be either filed as a class action or as an individual lawsuit. There are advantages and disadvantages of filing as a class action, which will be reviewed here. You are free to make the best decision for your specific situation, as to whether you want to join a class action or initiate an individual lawsuit for your hernia mesh personal injury claim.
The best decisions are made when you are fully informed, and you can keep reading for more information on the differences between a class action and individual lawsuit for damages and losses related to a defective hernia mesh surgical procedure gone wrong.
Advantages of Joining a Class Action
If you file a lawsuit for a hernia mesh as a class action, then you will be one of a number of people who are bringing an action against one company for defective hernia mesh products. In some ways it is easier to bring a class action for a hernia mesh personal injury. This may be because the legal team can work together and amass much of the information needed to prove the value of the case, can be consolidated with everyone’s claim all at once. The attorneys can share information, strategies, experts, documents related to the defective aspects of the hernia mesh product, and review the cases in several cohesive sections, in order to win the case for everyone.
If you have a lawsuit by yourself, your award will not be divided between other class members. It will all go to you, minus any fees and related expenses to manage and handle the case, from your attorneys. If you have to divide out the settlement, your ability to get enough recovery money from the lawsuit may be diminished, especially if there are thousands of other class members who need compensation for the same or similar personal injuries from the claim. In some ways there is an advantage to being in a group, but this can be a huge disadvantage in some instances.
Courts may be more likely to offer additional damages in cases where many hundreds of people are detrimentally affected by the same defendant. This may be the treble or triple damages that are awarded to plaintiffs for typically egregious behavior of a company, when the wrongdoers knew that they were hurting other people with their actions, or in some cases “inaction” related to a personal injury claim.
Disadvantages of Filing an Action as a Class Action
You may feel that you are “just a number,” if you are part of a large class action for a defective hernia mesh product. It is going to be up to the legal team working on your case, to ensure that you will be treated with a high level or consideration for your claim, with respect and with a caring attitude towards you because of your unsatisfactory experience with a defective hernia mesh product. Another disadvantage of a class action is that you may receive less from the final judgment, because the class action award has to be split evenly between many class members.
We know that you may have more questions related to hernia mesh class actions and individual lawsuits. We can answer those questions for you, when you dial us now at Walch Law, at 866-INJURY2 or 866-465-8792. As a winning Los Angeles hernia mesh law firm, we take all our cases on a contingency fee basis so you pay us nothing unless we get you paid. You have nothing to lose and everything to gain, set up your free consultation with us now!