Finkelstein & Partners
You might have suffered harm from taking dangerous prescription medication, using a defective product, or exposure to a hazardous substance. Depending on the situation, you could be eligible to receive compensation for your injuries. However, taking legal action against a large corporation requires extensive resources that most individuals do not have.
Unfortunately, it is unlikely that you are the only one to suffer injuries from a particular product or service. A class action lawsuit allows victims of negligence to pool resources and hold large corporations accountable for their negligence.
Suppose you or someone you love has suffered injuries from a product defect or prescription medication, or you have suffered any type of harm from a large corporation’s negligence. In that case, you need to consult with an experienced New York class action lawsuit attorney and discuss your legal options.
The skilled New York class action lawsuit attorneys at Finkelstein & Partners have advocated for negligence victims for over 60 years. Consult with our team so we can evaluate your case, determine your eligibility for compensation, and advise you on the path forward for your circumstances.
Why Choose Finkelstein & Partners to Handle Your Claim
Finkelstein & Partners has advocated for negligence victims for more than six decades. We offer personalized service often associated with small boutique law firms, but we are large enough to take on the big corporations and their legal teams that come with a class action lawsuit. Our skilled legal team receives continuous recognition for their professional excellence. Prestigious publications like Super Lawyers have recognized Finkelstein & Partners, and several members of the firm belong to the elite Multi-Million Dollar Advocates Forum.
Taking on a large corporation for their negligence requires time and resources. Victims of negligence need to focus on healing and recovery and let an experienced attorney advocate for them. A skilled New York class action lawsuit attorney can handle your claim if you have suffered harm because of a company’s negligence.
We serve clients throughout New York from our various offices located in:
- Wappingers Falls
- White Plains
Contact us for a free consultation to discuss your injuries, whether you are interested in joining an existing class action lawsuit or potentially initiating one. We would love to meet you face-to-face, but sometimes injuries or other life circumstances make this impossible. If you cannot physically travel to one of our locations, we are happy to set up a virtual meeting. Finkelstein & Partners is here to help whenever and wherever you need us.
New York Class Action Lawsuit Compensation
Recovering compensation for damages from a class action lawsuit works differently than recovering damages in an individual personal injury claim. Most class action lawsuits sue for compensatory damages to cover economic and non-economic losses related to the injuries the class has suffered.
Our legal team will review the case and determine the amount of the class action based on the class representatives—members of the lawsuit who represent everyone who was harmed. Damages typically include compensation for medical expenses, lost wages, property damage, and pain and suffering, but they can consist of other losses. Many class action lawsuits also include punitive damage intended to punish the defendant and deter them from future negligent behavior.
This is especially common when a corporation intentionally defrauds people or exhibits gross negligence.
If the New York class action lawsuit you are involved in settles before going to trial or the court rules in favor of the plaintiff, the lawyers deduct attorney fees and other representation costs. They divide the remainder of the compensation among all the lawsuit members.
Sometimes, members of class action lawsuits do not receive a cash payment. Sometimes corporations issue coupons or vouchers to those in the lawsuit to use on future goods or services. The exact outcome of a class action lawsuit depends on the circumstances, negotiations, and the court if the case goes to trial.
The New York class action lawsuit lawyers at Finkelstein & Partners diligently pursue the maximum compensation possible for all class action lawsuit members.
What Is a Class Action Lawsuit?
A class action is a legal option that allows one or more plaintiffs to bring a lawsuit against a negligent party on behalf of a larger group, or class, who have suffered harm, injury, or loss because of the defendant’s action or inaction. Lawyers typically use class action lawsuits when too many plaintiffs exist to take on individual cases for each person efficiently.
Lawyers initiate class action lawsuits to:
- Protect the defendant from inconsistent financial obligations.
- Protect the interests of those who cannot physically bring a lawsuit against another party.
- Provide an efficient and cost-effective way to bring a large number of similar lawsuits
- Facilitate the sharing of resources and litigation costs among the members of the class.
A class action lawsuit is not always the right path to recover damages. Our experienced New York class action lawsuit attorneys can review the circumstances of your claim and determine the path forward for your situation. If a class action is not the right fit, we can help you pursue an individual claim.
Required Components of Class Action Lawsuits
Initiating a class action lawsuit requires more than simply filing some paperwork.
Federal law governs procedures and requires the following four components in a case before a court will permit the case to proceed as a class action:
- The number of plaintiffs is so high that filing individual lawsuits is impractical.
- All class members must share common law or facts, which means the same event or negligent behavior that led to the lawsuit must link them.
- The class representatives’ claims are the same or similar to the rest of the class members.
- The proposed class representatives agree to make decisions regarding the case based on the interests of the entire class.
When the court sees all these components, it may certify the case as a class action lawsuit, and lawyers can continue with pre-trial procedures.
An Overview of the Class Action Legal Process
If you are joining an existing class action lawsuit or are thinking about speaking to a lawyer to initiate a class action lawsuit, you might be uncertain about what the process looks like. Here is a broad overview of how things proceed once your lawyer drafts and files a complaint against the defendant(s).
Once the complaint is filed, your lawyer will most likely serve the complaint via process service to the defendant(s) and send them a copy through U.S. mail.
The defendant(s) will take one of two actions:
- Most defendants typically file an answer with the court denying the claims’ allegations and associated financial liability.
- Some defendants file one or more motions with the court to challenge the lawsuit, forcing a judge to rule on the motions or dismiss the case.
If the defendant(s) challenges the lawsuit and the judge rules on those motions, your lawyer will need to answer those motions. After answering, discovery is the next phase of a class action lawsuit. During discovery, lawyers demand documents from the other side, ask a series of written questions that must be honestly answered, and take depositions.
Typically, the court sets a timetable with the lawyers to place a deadline on discovery, so the judge can rule on whether to certify a case as a class action.
The defense may challenge the underlying basis of a class action during discovery by making one or more motions for a summary judgment. The court might dismiss the case before certification if the defense makes a strong case. Once preliminary discovery is complete, your lawyer will likely file a motion to certify the class action while the other side files objections. The court holds a hearing and decides whether to certify the case.
If the case involves monetary damages, the court requires your lawyer to notify all members or potential members of the class. In most cases, the notice is published in the media or sent through the mail and advises members of the class of their legal rights. Additionally, the notice provides deadlines for joining or opting out of the class action lawsuit.
After notifying class members, the court will likely grant a final certification. Both sides might need additional discovery before trial. Once discovery is completed, the case will head for trial unless both sides reach a settlement agreement. The trial portion of a New York class action lawsuit proceeds the same as any other civil lawsuit.
Types of Class Action Lawsuits
Many situations might serve as grounds to initiate a class action lawsuit, but here are some common examples that you might see in the news:
These types of class action lawsuits hold entities accountable for abusive business practices that violate antitrust laws found in the Sherman and Clayton Acts. Common violations that might lead to a class action lawsuit include price-fixing, price discrimination, and monopolies. Antitrust violations financially injure consumers and competitors, providing justification for a lawsuit.
Consumer Protection Law Violations
Class action lawsuits for consumer protection law violations might include violations of the Truth in Lending Act, Fair Credit Reporting Act, Fair Housing Act, Fair Debt Collection Practices Act, the New York Lemon Law and other laws created to shield people from questionable business practices. Companies that engage in fraud, false advertising, and abusive tactics, especially related to debt collection, open themselves to liability in a class action lawsuit.
One of the most common types of class action lawsuits includes groups of employees that sue their employer over workplace violations. Many claims involve discrimination, which is a violation of Title VII of the Civil Rights Act of 1964.
This Act protects employees from discrimination based on race, gender, religion, nationality, or disability. Examples of workplace violations that could lead to a class action lawsuit include wrongful termination, pay reduction, demotion, forced transfer, and the wrongful denial of promotion.
Other situations can also lead to a class action lawsuit. For example, consider the famous Cracker Barrel class action lawsuit in which employees sued the company for forcing them to remain on company property after their shift and not paying them for that time.
Toxic Substance Exposure/Environmental Disasters
When large corporations expose the public to toxic substances purposefully or because of a disaster, victims might be eligible to recover damages. These situations impact hundreds or thousands of people, so they are almost always class action lawsuits. If a New York court finds a company knew about hazardous substances and tried to hide them from those affected, punitive damages may be included in a jury verdict to prevent future environmental negligence.
Injuries from a defective product are often the genesis of a class action lawsuit. Manufacturers, wholesales, and retailers can be responsible for losses if a defective product causes injury or death. Depending on the product’s popularity, a defect can impact thousands or millions of consumers, leading to a class action. Medical device companies, pharmaceutical companies, and automakers are often defendants in high-stakes class action lawsuits.
The continued popularity of the internet, including shopping and conducting other business online, puts people at risk for data breaches. Companies that collect consumer data online have a legal responsibility to protect that data. A data breach can release a massive amount of personal information, including name, address, email, phone number, Social Security number, and credit card and bank account information. Depending on the company, millions might be impacted by a data breach, putting large companies at risk of being named as defendants in a class action lawsuit.
Consult an Experienced New York Class Action Attorney Today
If you have suffered harm or loss because of a company’s negligent or shady business practices, a skilled New York class action lawyer can help.