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Class Actions in New Hampshire
A class action is a type of lawsuit that allows many people who have been wronged by a company to have their disputes resolved in a single court case. Class actions may be filed in federal court, New Hampshire court or another state's court. They offer the plaintiffs, or class, a cost-effective way of resolving legal claims. Talk to a class action lawyer today if you think you have grounds for a class action lawsuit.
Class actions can be used to resolve a variety of types of civil torts, including disputes related to:
- Defective drugs, medical devices and other products
- Environmental toxic torts
- Employment compensation issues
- False and misleading advertising
- Erroneous bank fees
- Shareholder disputes and securities fraud
Under New Hampshire court rules, a lawsuit must meet five requirements to be certified, or approved, to proceed as a class action:
"One or more members of a class may sue or be sued as representative parties on behalf of all if: (1) The class is so numerous that joinder of all members, whether otherwise required or permitted, is impracticable; (2) There are questions of law or fact common to the class which predominate over any questions affecting only individual members; (3) The claims or defenses of the representative parties are typical of the claims or defenses of the class; (4) The representative parties will fairly and adequately protect the interests of the class; (5) A class action is superior to other available methods for the fair and efficient adjudication of the controversy; and (6) The attorney for the representative parties will adequately represent the interests of the class."
Class Action: File a Claim or Opt Out?
After a class action has been certified, attorneys will make every effort to notify people who are potential class members. This may include television and radio advertisements, phone calls and letters to people who are on customer lists. Potential class members normally have three options:
- Opt in and file a claim for compensation if the class action is resolved in favor of the plaintiffs
- Opt out and retain your right to file an individual lawsuit against the defendant
- Do nothing and lose both your right for compensation from the class action and your right to file a separate lawsuit
How do you decide which option is right for you? In part, you need to determine whether it is worth your time and money to file a separate lawsuit. If your damages, or financial losses, are small, it may not be cost effective to file your own lawsuit. If, on the other hand, your losses run into the thousands (or more) and you have a strong case, an individual lawsuit may maximize the amount of compensation you receive. Talk to a class action lawyer for help in deciding whether to opt in or opt out.
Find & Hire Local New Hampshire Class Actions Attorneys
Attorneys.com's free lawyer referral service can quickly connect you with class action lawyers across New Hampshire, including attorneys in Manchester, Nashua and Concord. To get matched with an attorney today, call us at 877-913-7222 or complete the form on this page.