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The Pros and Cons of Joining an MDL or Class Action Lawsuit

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The Pros and Cons of Joining an MDL or Class Action Lawsuit

Have you or your loved ones been injured or harmed by a defective product or negligent company? If so, you may be wondering what your legal options are.  Well, you can join an MDL or a class action lawsuit or file a personal case.  MDLs, or multidistrict litigation, and class action lawsuits are two types of lawsuits that allow groups of people with similar claims to sue a defendant together. These types of lawsuits can benefit people but also have some risks. In this blog, we will explain what MDLs and class action lawsuits are, when you might want to consider joining one, and the pros and cons of doing so.

What are MDL and Class Action Lawsuits?

An MDL, or multidistrict litigation, is a type of lawsuit in which multiple cases with the same or similar claims are consolidated into a single proceeding. It is done to streamline the litigation process and avoid duplicative discovery.

Examples are Zantac Products Liability Litigation (Southern District of Florida), Exactech MDL (Eastern District of New York), and 3M Combat Arms Earplugs Products Liability Litigation (Northern District of Florida).

A class action lawsuit is a type of lawsuit where a group of people with similar claims sue a defendant. Class action lawsuits are often used when individual claims are too small to justify filing individual lawsuits. Still, the total damages suffered by the group are significant.

Examples are Robinhood Class Action Lawsuit (Northern District of California), Facebook Class Action Lawsuit (Northern District of California), and Apple Class Action Lawsuit (Northern District of California).

When Should You Consider Joining an MDL or Class Action Lawsuit?

As TorHoerman Law LLC puts it, bad things happen to good people, and you don’t have to fight alone. Consider joining an MDL or class action lawsuit if:

  • You have been injured or harmed by a defective product or negligent company.
  • Your claim is too small to justify filing a separate lawsuit.
  • You do not have the resources to pursue an individual case.
  • You want to help other people harmed by the same company or product.

Benefits of Joining an MDL or Class Action Lawsuit

There are several upsides to joining an MDL or class action lawsuit:

  • Increased chances of success: MDLs and class action lawsuits are typically filed by experienced law firms with the resources to take on large corporations. This means you have a better chance of winning your case if you join an MDL or class action lawsuit.
  • Reduced costs: Plaintiffs in MDLs and class action lawsuits typically do not have to pay any upfront fees or costs. This is because the attorneys who file MDLs and class action lawsuits are typically paid on a contingency basis, meaning they only get paid if they win the case.
  • Access to justice: MDLs and class action lawsuits can help individuals who would not otherwise be able to pursue legal action. This is because the attorneys who file MDLs and class action lawsuits bear all of the upfront costs of the litigation.

Risks Of Joining An MDL Or Class Action Lawsuit

There are also some risks to consider before joining an MDL or class action lawsuit. These risks include:

  • Delays: MDLs and class action lawsuits can take years to resolve and can last over decades. As of October 16, 2023, there are 226 pending MDLs by district, 267 pending MDLs by MDL number, and 226 pending MDLs by docket type.
    This is because many complex issues must be resolved before the case can go to trial.
  • Lack of control: Plaintiffs in MDLs and class action lawsuits typically have less control over the litigation process than they would if they filed an individual lawsuit. This is because the attorneys who file MDLs and class action lawsuits are ultimately responsible for making decisions about the case.
  • Potential for smaller settlements: Plaintiffs in MDLs and class action lawsuits may receive smaller payments than they would if they filed an individual case. This is because the attorneys filing MDLs and class action lawsuits must factor in the litigation costs when negotiating settlements.

Factors to Consider When Deciding Whether to Join an MDL or Class Action Lawsuit

Before you make a decision, there are some important things to think about:

  • The Strength Of Your Claim: What are the odds of winning your case? If your claim is weak, you may be better off filing an individual lawsuit.
  • The Amount Of Damages You Are Seeking: The median settlement in MDLs was $100 million. So, if you’re aiming for a large payment, joining an MDL or class action lawsuit might be your best bet.
  • The Resources You Have Available: Do you have the resources to pursue an individual lawsuit? If not, join an MDL or class action lawsuit.
  • The Time You Are Willing To Commit: MDLs and class action lawsuits can take years to resolve. If you are unwilling to commit to a long-term process, consider filing an individual lawsuit.

Conclusion

The decision of whether or not to join an MDL or class action lawsuit is a personal one.  You have to weigh the pros and cons carefully. It’s sometimes different for everyone and depends on your unique situation. So, when deciding whether to join an MDL or Class Action Lawsuit, think like a friend weighing the pros and cons of a group outing. Consider your goals and the nature of the case, and consult a legal expert accordingly. Remember, the decision is yours to make, just like choosing your adventure.