Requirements For Class Action Lawsuits In Oklahoma
In Oklahoma, you can file a Class Action lawsuit when:
- There are multiple victims
- Their injuries are similar or the same
- The source of the injuries is the same person or group.
Under the Oklahoma law code, civil procedures is a Title 12 topic. Under these statutes they define:
Class – A group – such as a group of airlines, automakers, or medical manufacturers.
Representative parties – the group of victims collected under one legal focus. All the members were injured due to a manufacturing error involving seatbelts that failed to securely hold during an accident. Plus the legal focus.
Requirements for a Class Action Lawsuit
Oklahoma provides a short list of criteria that make legal action available under the process. Those include:
- There are too many members making it impossible for individuals to sue the class. Since all have the same or similar injuries, the court stops a million individual lawsuits directed at the same class member(s.) Instead, it becomes a class action with one legal focus and many members.
- The issues surrounding the case have a basis in law or questions of law. This helps to decrease frivolous class action lawsuits
- The legal claims of the representative parties are not unique within the class.
- There is a fair representation of the class by the representative parties – The issues behind the injuries will be addressed and changes made through the process of retribution and new laws.
All of these points must be met before an action is eligible to become a class action lawsuit. In addition, once the case is filed it must reach the status of Maintainable. That means that the court or parties determine that all criteria have been met. Additionally, the petition filed must be true, and it must show that there is a claim or that harm has been done.
The Purpose of Class Action Cases
The purpose of class action cases is to simplify the legal process by keeping similar claims against a single person or company to a minimum. They do not necessarily decrease the legal ramification or outcomes as much as they isolate and focus on cases that are related.
They also work to reduce the overall cases that a court would see. Instead of a thousand or a million individual cases all claiming the same injustice, a class action lawsuit minimizes those claims into one case.
That is not to claim that establishing or managing a class action lawsuit is easy. They are often very cumbersome and can require more legal work.
How Do You Know if Your Claim Qualifies as a Class Action Case?
Generally, the best first step is to see an attorney who handles class action cases. This is for both the plaintiff and the defendant. These are legal professionals who understand the requirements for these types of cases and who have the knowledge to help you determine your legal rights and options. If your case does not qualify as a class action case, you will need to understand what legal recourse you have and how best to obtain your legal goals regarding your case.
In the event that your situation could be a class action case, then you would want to work with a class action attorney who can make sure that the petition to the court is filled out correctly and that they have the care of you and other victims in their hands.
Contact Brown & Gould PLLC For More Information About Legal Matters in OK
Brown & Gould PLLC serves the greater Oklahoma community with business and corporate case law representation. Learn more about your rights today under Oklahoma law by giving us a call at 405-235-4500.