Imagine that you found a massive defect in a product you used. You think it’s a one-time mistake only to find out that you’re one of many. Maybe the defect caused you to get hurt or put you in danger, and you’re not the only one it’s happened to. Instead of suing the company individually, everyone harmed comes together to file a class action lawsuit. Before filing, though, there are some things you need to know about how to file a class action lawsuit in Wisconsin.
Steps to Starting a Class Action Lawsuit in WI
You must follow certain steps and meet specific requirements to be eligible for filing a class action lawsuit. Wisconsin law states that, in order for a lawsuit to be considered class action, it must meet these requirements. Before even beginning the process to file, you should talk to a lawyer specializing in class action lawsuits. Your lawyer can help you prepare for every step and work toward a successful outcome for the class.
Form a Class
The first step to filing a class action lawsuit in Wisconsin is to form the class. The class consists of people similarly affected by a common entity. Under Wisconsin law, a class can form when there are so many individual cases that it wouldn’t be possible for them all to go to court. A class can have minor differences in each member’s complaint. In order to file a class action suit, each member must put his or her individual complaints aside in favor of the common facts among all members.
Name a Representative
From there, the class names one or more representatives. The representative is one or more class members who agree to act on behalf of the entire class, sharing common interests and a common goal. Representatives handle every aspect of the case, from notifying class members to attending court proceedings and distributing settlements. The first thing representatives should do is contact a class action lawyer to begin the class action lawsuit and move forward.
Class Certification
Before a class can be seen in court, it must be certified. The class representative files for certification by proving to the court that their case meets all the requirements to be certified, including:
- All members of the class share a common complaint against the defendant.
- The named representative must fairly represent all members of the class with no conflict of interest with any member.
- Hearing each individual case would be inefficient.
Once the class is certified, the representative can move forward with filing a class action lawsuit. Representatives will notify all members of the class of the specifics of the case. Class action lawsuits typically take longer than individual cases simply due to the amount of evidence involved. A class action lawsuit attorney will help you gather all necessary evidence to effectively present your case.
Class Action Lawsuit Attorneys in Wisconsin
If you’re considering starting the process of filing a class action lawsuit, Atolles Law, S.C. is here to explain more about serving as class counsel in your case. Class action lawsuits can take up to one or two years longer than an individual suit, and we’re prepared to work by your side during the entire process. As your class counsel, Atolles Law, S.C. works in your interest while offering the legal support you need to succeed. To learn more about what we can do for you in your pursuit of a class action lawsuit, contact us online or by phone to schedule your consultation.