October 25, 2020

What Is The Difference Between Civil And Class Action Lawsuit

From the California Business Journal  Newswire.

If you’ve been involved in an accident, it’s important that you take steps to file a lawsuit if you believe that someone has wronged you. In other words, you have a case. The best way to do this is to hire a good attorney.  If you have a good attorney, chances are they can make sure you get what you rightfully deserve.

However, the most important thing to remember when it comes to filing a lawsuit is that you want to do it right. And, doing this right means choosing between starting a civil or class action lawsuit. These two types of lawsuit are legal remedies available to a person who’s been injured as a result of someone else’s negligence. But, just like other legal proceedings, civil and class action lawsuits are somehow different from each other.

Keep reading this article to learn what’s the difference between civil and class action lawsuits.

What Is A Civil Lawsuit?

Basically, a civil lawsuit is a legal proceeding by either parties or private parties against the other in the state’s civil court. This type of lawsuit can be very intimidating, especially if you’re a person without legal background and expertise. The way a civil case is structured is very simple. If it can be proven, the defendant or their lawyer wins the court case because it can make them legally liable. But, if it can’t be proven, then, the plaintiff has to pay the damages they’ve suffered from the negligent act. This can be one of the reasons why you should hire a personal injury lawyer to ensure compensation for your personal injuries.

On the other hand, most civil lawsuits are usually filed by the plaintiff after a trial has been held. Some other civil cases may be filed by the defendant or their lawyer after the plaintiff has already won the trial. In some civil lawsuits, the defendant’s lawyer can also be present during the case. This is known as pre-trial conference. This type of meeting is also conducted to inform the parties involved in the case how to conduct the trial and how to go about preparing for the actual trial. The plaintiff and the defendant will also talk about what will be covered in their lawsuit so that they can have a fair chance at winning the case.

What Is A Class Action Lawsuit?

A class action lawsuit, also referred to as a class lawsuit, class-action suit, or representative lawsuit, is basically a form of a civil lawsuit in which one of the plaintiffs is a group of individuals who’ve been represented collectively under a class action agreement. In this case, the individual plaintiffs have been assigned to work together and bring a single lawsuit together in an effort to obtain compensation from a single defendant. If they fail to bring a class action lawsuit, it would be considered as a ‘class’ action case.

What’s The Difference Between A Civil And Class Action Lawsuit?

It’s important to know and get familiar with the facts concerning civil suit vs class action before proceeding with any lawsuit. Typically, a class action lawsuit generally involves hundreds, if not thousands, of plaintiffs who have all filed the same suit against a company in an attempt to recover damages from that company for a variety of different harms caused by it. The purpose of a class action lawsuit is to allow other people to be compensated for the harms caused by the defendant in a specific incident.

In addition, the defendant’s attorney normally tries to argue that all of the cases presented were, in fact, similar, and, therefore, couldn’t have occurred without the company’s negligence. They also argue that any injury that was suffered wouldn’t have occurred without the negligence of the other party. As such, it’s very common to hear these types of cases end in settlements because the plaintiff will often receive compensation for the harms sustained.

On the other hand, a civil lawsuit is a lawsuit filed by a third party. This type of lawsuit typically doesn’t involve a large number of individuals, and involves damages sustained by the person filing the suit or their personal representative. However, unlike a class action lawsuit, there’s no agreement on compensation. The amount of damages a person will receive or the amount that they can claim for injuries sustained will be determined on a case-by-case basis by a jury after all other aspects of the case have been resolved.

Also, there are civil lawsuits that involve both companies and individuals. In these cases, the individual that has filed the suit will represent themselves, and will seek damages against the company. This is most commonly found in commercial lawsuits since most companies have separate legal teams in order to deal with the complexities of such a case.

Conclusion

Whether you have to file a civil or a class action lawsuit, it’s something you should think about. A lawsuit is a great way to get justice for yourself, and there are plenty of people out there who can offer you a great deal of support.

Hopefully, you find this article useful in determining which type of lawsuit can work best for your situation. Remember, whatever legal remedy you choose, your primary goal remains, and that’s recovery of financial compensation from the at-fault party.

 

 

 

Written by

Rick Weinberg is Editor-in-Chief at California Business Journal. He is a well-known journalist, writer, reporter and on-air talent who has worked for the New York Times, FOX and ESPN. He launched California Business Journal to focus on California businesses and business professionals as well as California business news and information. Contact: Rick@CalBizJournal.com / 949-648-3815