What is the difference between a lawsuit and a class action?

An individual personal injury lawsuit is started by an injured person and/or their

family members. The individual and family members receive advice from their personal

injury lawyer about decisions to be made in the lawsuit and the settlement amount of

their claims.

A class action is a lawsuit brought by one or more representative plaintiffs on

behalf of a class (or group) of people who have similar claims. The representative

plaintiff makes decisions with his or her lawyer about the proceeding and settlements.

Class actions can be an effective way of achieving compensation for people

whose claims are smaller. It may also be suitable for individuals who do not wish to be

involved in the decision-making of their case.

The terms of settlement of a class action apply to all class members unless a

person has removed him or herself from the class action. This is referred to as “opting

not”. A person may wish to opt out of a class action and begin an individual lawsuit.

When might you want to opt out of a class action?

Perhaps where your claims for compensation are different than the rest of the

members of the class. Class actions are not always appropriate in personal injury cases

where the extent of injury varies from one person to another. With individual lawsuits,

compensation is based on the assessment of evidence in each individual case. The

recovery from a lawsuit can be higher in an individual lawsuit.

How do you opt out of a class action?

There is one opportunity for individuals to opt out of a class action and the window of

time to do so is limited. The opt out procedure is included in the Notice of

Certification. If you are considering opting-out of a class action and prefer to

commence an individual lawsuit, contact us for more information.

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