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Determining a Fair Settlement in a Class Action Lawsuit (Part A)

Determining a fair settlement in a class action lawsuit can be a complicated matter involving the input of hundreds, sometimes thousands, of individuals during the course of a trial. In most instances, a group of consumers is filing suit against a large corporation for damages incurred by fraud or defective products.

As the lead plaintiff of a class action lawsuit, you are charged with reviewing and agreeing to a fair settlement for the entire class. In times like these, the advice of an experienced Massachusetts class action attorney is critical to receiving a fair offer for you and the other members of the class.

Types of Class Action Settlements

Depending on what your class action lawsuit involves, there are many types of compensation a class action claim can seek. A fair settlement in a class action lawsuit will fall into one of two categories, and in some cases, both:

• Tangible award: monetary, replacement goods, vouchers, or coupons
• Intangible award: an event or offer designed to compensate or rectify the class' complaint against the defendant

The Value of a Tangible Award in a Fair Settlement in a Class Action Lawsuit

Pretend that you were involved in a class action lawsuit over a defective brake system. In return, you were offered a coupon for a free oil change on your vehicle, accepted at any dealership for that brand and lasting for one month. There are several reasons that this is actually not an optimal result for a class action lawsuit with a fair settlement.

It has an unreasonable expiration date, is non-transferable and forces you to use only their dealerships. Any tangible award should be appropriate to solving the complaint and, in the case of coupons or vouchers, have a reasonable expiration date and be transferable.

Our firm is frequently presented with cases in which there is no precedent or even a clear-cut idea of the types and extent of monetary damages suffered by consumers. The damages only become apparent after digging through the defendant company's business practices and history of conduct and consulting with all of the plaintiffs in the class.

As class action attorneys, it is our job to use every piece of evidence we can find to determine a fair settlement for a class action lawsuit. This includes coming up with an adequate cash settlement that reflects the loss suffered by a consumer involved in the suit.

Finding Help With Your Class Action Lawsuit

At this point, it would be in your best interest to consult with an experienced class action attorney in Massachusetts. It is important that the lawyer has handled these types of cases and that they understand class action lawsuits.

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