Anatomy of a Data Breach Class Action
If you have been the victim of a data breach, you may be entitled to compensation from the party that failed to protect your sensitive personal information. The experienced national data breach attorneys at Federman & Sherwood can fight for you to receive money for the harm that you have suffered.
A data breach class action lawsuit consists of several phases from beginning to end. Although all phases of the case are critically important, there are some that could make or break your lawsuit. In particular, you must put forth a strong legal complaint that sets forth the facts of your case, and obtaining class certification from the court is also crucial.
Speak to a national data breach lawyer at Federman & Sherwood to learn more about how you can qualify for compensation. We hold companies that have failed to protect your data accountable in the legal process.
If you have been the victim of a data breach, you may find it advantageous to join with other plaintiffs in a class action lawsuit. Before you lead or join a class, you must understand the steps that must occur in a class action lawsuit before you may potentially be paid money for your damages.
The Complaint and Answer
A class action lawsuit begins when a data breach lawyer drafts a complaint on behalf of the plaintiffs. The attorney has already found named plaintiffs to be representatives of the class. The complaint sets forth both the relevant facts and the grounds for legal relief. The defendant has 30 days to file their answer to the complaint. The answer responds to the factual allegations made by the plaintiffs.
Certification of the Class
Perhaps the most critical element of a class action lawsuit is the certification of the actual class itself. At some point towards the beginning of the case, a court would need to grant class certification. There are four requirements under the Federal Rules of Civil Procedure that must be met before a class can be certified:
- The class is so numerous that joinder of all members is impracticable
- There are questions of law or fact common to the class
- The claims or defenses of the representative parties are typical of the claims or defenses of the class
- The representative parties will fairly and adequately protect the interests of the class
It is crucial that a class is certified in a data breach lawsuit. The defendant will devote a large amount of effort to disputing class certification because they know that they could potentially defeat the case at the outset. Class action lawsuits allow large groups of plaintiffs who may not otherwise file an individual lawsuit to join together to present a more effective case.
Discovery in a Class Action Lawsuit
Discovery is another crucial part of a class action lawsuit. The attorney who is representing the class can gather evidence that is in the hands of the defendant. There is one common discovery in a class action lawsuit because there is only one case. Discovery is where you would learn additional information that you may not already know. If you are able to build a strong evidentiary case through the discovery process, it can increase your leverage in settlement negotiations.
Settlement Negotiations
Many class action lawsuits do not proceed all the way to trial. Especially if an attorney has built a strong case through the discovery process, the defendant realizes that they should not take the risk of their case going to trial. There are many potential off-ramps during the class action lawsuit process where both parties can discuss a potential settlement. If it has not happened before discovery, these negotiations would usually occur before trial. In reality, there are very few class action lawsuits that actually proceed to trial. However, if the two parties cannot reach an agreement before this point, trial would be necessary.
Distribution of the Settlement
If the case is settled, or if a court awards the plaintiffs damages, there would be a settlement fund that is established. Those who are class members have the option of filing a claim against the fund. They can also opt out of the class under certain circumstances. Plaintiffs in the class are paid by the claims administrator in accordance with a formula that is set forth in the settlement. You must submit your claim within a certain period of time in order to be paid.
Contact a National Data Breach Law Firm Today
Let a national data breach lawyer at Federman & Sherwood fight for you if you have suffered damages from your personal data being compromised. Our offices are located in Texas and Oklahoma, and we serve clients nationwide. You can schedule a free initial consultation with our Law Firm by filling out an online contact form or by calling us today at (800) 237-1277.