Class action lawsuits routinely take two to three years to resolve, and some class action lawsuits can take five years or more if the case is extremely complex. Class action lawsuits follow some of the same underlying principles as typical personal injury claims, but there are some major differences. 

Keep reading below to learn all the details about how long it can take to resolve a class action lawsuit.

What Is a Class Action Lawsuit?

A class action lawsuit is a way for the legal system to handle a situation in which many victims have suffered similar harm from the same actions of the defendant. Otherwise, the court system would be overwhelmed from all the individual claims that would need to be filed. Instead of all the plaintiffs filing their own lawsuit, one or more victims serve as the primary plaintiffs.

These primary plaintiffs bring the action on behalf of all the injured or harmed individuals. Individuals who meet the requirements become part of the larger “class” of victims. When the lawsuit is resolved, everyone in the class is given the same relief. However, the specific amount of compensation paid to each victim may vary, depending on the specific situation.

Overview of the Class Action Lawsuit Process

Many of the steps required for a class action lawsuit are the same as a typical personal injury claim. However, each step often takes longer because these cases are so complex and involve so many different parties. In general, a class action lawsuit follows this general process:

Investigation and Lawsuit Filing

Prior to filing a lawsuit, attorneys will review all the facts of the case. They will also interview the lead plaintiffs and determine whether a class action lawsuit is the right approach. If it is, they will file the original complaint with the court to start the litigation process. The investigation process prior to filing the lawsuit may take anywhere from 1 to 6 months or more, depending on the facts of the case.

Certification of the Class

The next step in the process differs from a normal personal injury claim. To qualify as a class action, the court must certify the “class” of plaintiffs. 

The court will hold a hearing and ensure that:

  • There are too many plaintiffs to join to a single lawsuit
  • All the plaintiffs share similar legal and factual issues
  • The lead plaintiff’s claims are typical of the other members
  • The attorneys will fairly represent all the class members

There are a few other technical requirements that must be met. If the court agrees that the case qualifies, they will certify the class and allow the class action lawsuit to move forward. Class certification may take anywhere from 6 to 18 months to complete.

Discovery

Just like a normal personal injury claim, the next step in the process is discovery. 

Attorneys may use:

  • Depositions
  • Interrogatories
  • Requests for production
  • Requests for admission

The discovery process allows each side to gather as much evidence as possible about the case. This will let them see the strengths and weaknesses of their claim and can lead to more informed settlement negotiations. Discovery usually runs from 6 to 12 months in most cases.

Settlement or Trial

After discovery, the parties are likely to try to negotiate a settlement for the claim. Most class action lawsuits settle without going to trial. However, if a settlement cannot be reached, then the case will be tried in front of a judge or jury. If the case goes to trial, that can add a year or more to the timeline.

Claims Payout Process

Once the case has been settled or tried, then the claims payout process begins. Each member of the class has a time period in which they may submit claim forms. Once the claim submission deadline has passed, the final distribution will be made. The amount that each class member receives depends on the total payout as well as the number of victims who submit claims, and payouts are typically completed within 4 to 8 months after the submission deadline.

Contact a Stuart Personal Injury Lawyer at Kibbey Wagner Injury & Car Accident Lawyers for a Free Consultation 

Kibbey Wagner Injury & Car Accident Lawyers can help you understand your legal options if you have been injured because of someone else’s actions. Our Stuart personal injury lawyers can review the circumstances of your case, explain the claims process, and help you determine the best path forward.

For more information, please contact the Stuart, Port St. Lucie, or Palm Beach Gardens personal injury law firm of Kibbey Wagner Injury & Car Accident Lawyers to schedule a free consultation today.

We proudly serve Martin County,  St. Lucie County, Palm Beach County, and its surrounding areas in Florida:

Kibbey Wagner Injury & Car Accident Lawyers Stuart
73 SW Flagler Ave
Stuart, FL 34994

(772) 444-7000

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Kibbey Wagner Injury & Car Accident Lawyers Port St. Lucie
1100 SW St. Lucie West Blvd. Ste 208
Port St Lucie, FL 34986

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Kibbey Wagner Injury & Car Accident Lawyers Palm Beach Gardens
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Palm Beach Gardens, FL 33418

(561) 944-4000