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Class Actions in Delaware

It's not always easy for the average person to sue a big company. That's because it can be time-consuming and expensive—with no assurance that the outcome will be in your favor. But if many others have similar claims against the company, it may make sense to file a class action lawsuit in federal court, Delaware court or another state's court. A class action allows all of the claims to be resolved through a single lawsuit. Talk to a class action attorney to learn whether your legal dispute could be effectively resolved through a class action.

Should You Join a Class Action?

Class action lawsuits offer benefits to both the plaintiffs (the parties that have been wronged) and the defendants (the parties accused of wrongdoing).

A class action:

  • Ensures a more consistent outcome than if many individual lawsuits were litigated in many courts across the country
  • Allows lawyers for the plaintiffs to pool their time, expertise and money, enabling them to put forth a stronger case
  • Makes it easier for plaintiffs to pursue legal claims against a company when it wouldn't be cost effective to file an individual lawsuit against the company

When a class action is filed in a Delaware court, the judge assigned to the case must decide whether to certify it, or allow it to proceed as a class action. In deciding whether to certify the class action, the judge will determine whether it meets the Delaware court rules for class actions.

If certification is denied, then lawyers may try to file a class action in another state's court or plaintiffs will have to file individual lawsuits against the defendant.

After a class action has been certified, a trial will be held. Unless you're selected as the lead plaintiff, there's nothing for you to do but sit back and wait until the verdict or settlement is reached. If the case is decided in favor of the plaintiffs, you then have to make a choice: Should you file a claim for compensation or opt out and file your own lawsuit against the company?

The decision to join a class action or opt out will depend on a number of factors, including:

  • Do you think the class action compensation is fair?
  • How much would it cost to pursue independent legal action against the company?
  • If you opt-out and file your own lawsuit, what's the likelihood that you'll win the case?

Find & Hire Local Delaware Class Actions Attorneys

Call at 877-913-7222 or complete the form on this page for assistance in finding class action lawyers in your area. Whether you live in Wilmington, Dover, Newark or elsewhere in Delaware, our free legal referral can quickly connect you with local lawyers.