What are the criteria of a class action lawsuit?

A class action lawsuit is a civil lawsuit that occurs when many people have suffered harm and have been affected by the same claim. Class action suits are typically claims of injury from harmful products, such as defective drugs, pharmaceutical medications, and defective automobiles, among others.

In order to have a class action lawsuit, certain criteria need to be met. First, a victim (also called a Lead Plaintiff) has to have a viable case and file a lawsuit claiming harm against a defendant(s). He or she has to show the court that there are many other people with the same claim, and it would be in the best interest of the court to certify the case as a class action. In order for the courts to certify this case, the following are required:

  • A legal claim against the defendant.
  • A large group of people who have similar damages and side effects from the same product.
  • The Lead Plaintiff and attorneys have a reasonable plan that represents the class members appropriately.