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What must you prove for class certification?

On Behalf of | Jul 2, 2020 | Class Action

Ohio residents like you may have heard of class action lawsuits before. Many people never have to take part in these lawsuits. But for some, class action lawsuits may act as the only way for you to gain compensation. 

But you cannot file for a class action lawsuit right away. You must go through the approval process for class certification. This is where a judge approves a class action lawsuit. 

What is a class action lawsuit? 

Merriam-Webster’s dictionary defines class action. They say it is a legal action taken by one or more plaintiffs on behalf of many others. These plaintiffs suffer from the same wrongs. Common examples often involve malfunctions in the manufacturing of certain items. Airbags and other car safety features are often the subject of class action lawsuits. 

But do you have what you need for class certification? The requirements vary by state, but follow guidelines that closely match each other. You must prove several things to have a judge certify your civil action as a class action. 

Requirements for filing a class action suit 

First, you and the other plaintiffs must have the same type of injury. Next, the group of people involved must have a clear definition. This definition allows for easy identification. For example, all injuries from faulty biking equipment should share similarities. 

The injured party must have their injuries come from “a common set of facts and legal theories”. You cannot have a class action lawsuit without a large number of affected people, too. It should remain impractical for a non-class action suit to handle. Finally, a class action suit should serve as the best way to handle this particular problem.