(Photo credit: Linder6580/SXC)
With GM’s ignition switch debacle, there have been class action lawsuits launched in Canada, along with the United States.
You’ve likely seen mentions about class action lawsuits in the news, but you may not quite know what the process entails unless you’ve been involved with one.
Class action lawsuits offers a route for multiple plaintiffs to band together in their claim against a company or the government if they feel they’ve been affected by one wrongful act. It offers a cost effective method for residents to receive judgment on a situation that they may not have the means to pursue on their own.
For example, in the case of GM, one Canadian lawsuit alleges that GM should have acted more quickly to recall its vehicles. Documents show that the company knew about the issue for about a decade before rolling out recalls this year. Currently, the lawsuit was started by one Ontario family who lost their son in a fatal car crash, according to the Globe and Mail.
If one person is looking to start a class action lawsuit, they will apply to be a representative plaintiff on the lawsuit’s behalf. The court will then decide whether it is appropriate the alleged lawsuit is deemed a class action lawsuit. If the court rules it as a class action lawsuit, the lawyer representing the original plaintiff will represent everyone else involved. If the court doesn’t certify the lawsuit as a class action, individuals can still sue individually.
For someone considering whether you launch a class action lawsuit or not, they may want to consider aspects including whether another class action lawsuit dealing with the same issues has been filed, whether a class action lawsuit is a good way to resolve the issue, are there any other options to resolve the issue or is the individual willing to forego their personal issue to handle the common issue.
Once a class action lawsuit has been given the go ahead, everyone involved needs to be informed, which can be done through newspaper or magazine advertising. Anyone who believes they’ve been wronged in a similar manner can contact the law firm and explain their case. If someone does not want to participate in the class action lawsuit, they can opt out. If you don’t, then you go along with the lawsuit’s judgment, but you can appeal the process, which includes appealing the lawsuit being classified as a class action or a judgment.
Judgments decide compensation for the entire class action lawsuit, which an individual’s compensation can be awarded as a proportion of the total amount or it can be decided individually.
When General Mills updated its privacy policy to disallow users from participating in class action lawsuits, it takes away a legal avenue for customers to bring up concerns about product liability.
Customers should be able to expect a standard of care when you use a product or service. The personal injury and accident lawyers at Neinstein Personal Injury Lawyers have been dealing with all personal injury issues, including product liability, throughout Ontario for over 45 years. Call us at 416-920-4242, set up a free consultation, and come speak with us.
Greg Neinstein
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