Employment Law Firm in California
A lead plaintiff is an individual who represents the entirety of a group who has allegedly been harmed by a defendant’s wrongful actions. Initially, he or she is the one who files the class action lawsuit. In certain occasions, there can be more than one lead plaintiff.
In a class action lawsuit, the lead plaintiff will coordinate with the group of people involved in the lawsuit — this group is known as the class. An example of a class would be a group of Uber drivers bringing a class action lawsuit against Uber after being misclassified as independent contractors.
In this example, the class is expected to be compensated for their expenses by Uber, such as gas and vehicle maintenance. Each of these individuals share a common problem created by the same source so they will all handle the case together and will be compensated equally.
There are several elements that differentiate a class member and a lead plaintiff. Class members may typically be present during cases without having little to nothing to do. The lead plaintiff, on the other hand, is more involved with the process of handling a class action lawsuit from its filling all the way up until potential settlement discussions.
Lead plaintiffs actively engage with their attorney prior to filing a class action lawsuit. In some occasions, the attorney will reach out to consumers involved in the lawsuit to get an idea of the wrongful actions committed and will then select one or more people they believe would appropriately suit the role of lead plaintiff.
When choosing a lead plaintiff, attorneys keep an eye out for those who have the potential to represent the interests of every class member, along with handling everything else the role requires. Overall, the role of the lead plaintiff is not officially initiated until the court certifies the class, which could potentially take years after the lawsuit is filed.
There are various tasks for a lead plaintiff to engage in. To begin with, he or she is involved in the lawsuit’s inner workings from the beginning to the end. Once the lawsuit is filed and commences, the lead plaintiff will be expected to show evidence during the discovery phase. He or she will also personally consult with attorneys and witnesses, be present during the hearings, depositions, and other essential appearances.
The most important role for a lead plaintiff is to accept or reject settlement offers. Please keep in mind that It’s more common for a case to settle before a trial than actually end up in a courtroom. Overall, it’s the lead plaintiff’s responsibility to protect the interests of the class versus their own.
There isn’t a standard amount that a lead plaintiff will be paid for his or her efforts while working on a case. Normally, lead plaintiffs will give their time and effort in exchange for a larger percentage of a settlement than other class members.
The exact amount a lead plaintiff will make solely depends on the discretion of the court. The court will determine how much the plaintiff was associated with the litigation, the severity of harm suffered by the class members, and the total monetary award made available for the entire class.
If you have made up your mind to take action, it is important to work with an attorney that specializes in cases like yours. The class action lawyers at West Coast Employment Lawyers have extensive experience handling class action lawsuits. We will work tirelessly to gather the facts, find and interview eyewitnesses, hire experts, and fight for your rights.
We work on a contingency basis, which means we only get attorney’s fees if we are able to recover for you. Our legal team is available 24/7 and will take care of your case from start to finish. For a free no-obligation consultation with a class action attorney in California, contact our office at 1-800-247-9235.