Confused about whether you should participate in a class action or file an individual injury claim?
It’s a common question that comes up. And there’s no simple answer. Both avenues are legal… But they could not be more different.
Choosing the wrong one could mean:
- Smaller payouts
- Less control over your case
- Years of unnecessary waiting
Let’s be real:
You should talk to a contingency fee lawyer to decide which option is best for you. It depends on your injuries, your objectives, and the nature of the harm.
Let’s break down exactly how class actions and individual injury claims differ.
Here’s what’s covered:
- What Is A Class Action Lawsuit?
- What Is An Individual Injury Claim?
- The Key Differences You Need To Know
- Which Option Is Right For You?
What Is A Class Action Lawsuit?
A class action occurs when many people injured by the same entity bring one joint lawsuit.
Here’s an example: One individual/group of individuals (known as the lead plaintiff) sues on behalf of all class members. All members of the class have the same attorneys, go through the court process together, and share in any settlement.
Class actions are common in cases involving:
- Defective products
- Data breaches
- Pharmaceutical injuries
- Consumer fraud
- Employment violations
The idea is to combine small claims into one lawsuit. 10,000 people lost $50 due to a defective product. They will not each sue individually. Combine everyone…NOW you have a lawsuit worth $500,000.
An experienced contingency fee lawyer helps make this available to victims who otherwise would not be able to seek justice. Consulting with a personal injury lawyer in Rochester Hills is a wise first step. A contingency fee attorney will evaluate your case, explain your options and only receive payment if you obtain a victory.
Statistics demonstrate the growth of class actions. Class action settlements reached $51.4 billion in 2023.
What Is An Individual Injury Claim?
An individual injury claim is exactly what it sounds like.
One injured party sues the person or company that harmed them. The victim is in charge of making decisions and directing the strategy. Any settlement is paid directly to the victim.
Individual claims are typically filed for:
- Car accidents
- Slip and fall incidents
- Medical malpractice
- Workplace injuries (when filing outside workers’ comp)
- Dog bites
Here’s how individual claims work… You file a claim as an individual. Your case is considered on an individual basis. The court considers your injuries, your damages, your unique situation.
That means compensation reflects YOUR situation, not split with thousands of other people.
This is especially impactful for victims suffering severe injuries. You might also be surprised to learn that 95% of personal injury cases settle before trial, meaning that the majority of individual claims never make it inside a courtroom.
The Key Differences You Need To Know
Both options can get you compensation. But the way they work is wildly different.
Here are the most important differences to understand:
Number Of Plaintiffs
This is the most obvious difference.
Class actions: Hundreds, thousands, or even millions of plaintiffs share one case.
Individual claims: Just you (or your immediate family) versus the defendant.
Thousands stick together so their voices are diluted. Alone you concentrate on every aspect of your case.
Control Over The Case
Want to call the shots? Then an individual claim is the way to go.
In a class action lawsuit, the named plaintiffs and their lawyers control every major decision.
- Whether to settle
- How much money to accept
- What strategy to use
Class members must accept what the class decides. If you have an individual claim, you make all of the decisions. You choose whether to settle, go to trial or reject an offer.
Compensation Amount
Here’s where things get interesting… The compensation gap between the two is massive.
Class action members tend to get low payouts. Any settlement is split among the entire class. After paying fees and administrative costs, members may receive only several hundred dollars.
(Sometimes less.)
Individual claims are entirely different. The entire settlement or verdict award belongs to YOU. In cases involving serious injury, the numbers can reach hundreds of thousands…even millions of dollars.
Legal Fees And Contingency Arrangements
Both types of cases typically use contingency fees. That means:
- No upfront costs
- The attorney gets paid only if you win
- The fee is a percentage of the final settlement
However, the deals differ. Class action lawyers typically receive 25-35% of the entire settlement fund. Individual claims are similar, but the math is far easier because you only have one client.
Timeline And Speed
Class actions take forever. They often span 3-7 years to complete because of the magnitude involved.
Personal claims typically settle quicker. On average, personal injury cases settle in 6 months to 1.5 years.
Which Option Is Right For You?
So… How do you decide?
The choice really comes down to a few key questions about your situation:
- How serious are the injuries?
- How many other people were harmed?
- Do you want control over the case?
- Are the damages unique?
Class actions make more sense when:
- Damages are small per person
- Many people were harmed in the same way
- The cost of an individual suit would exceed potential damages
- You don’t want to actively manage a lawsuit
Individual claims make more sense when:
- Injuries are severe
- Damages are substantial
- Circumstances are unique
- Full control over the case matters
- Maximum compensation is the goal
In most major personal injury claims, filing an individual claim is the best course of action. Here’s why. You retain 100% of the recovery, and you have complete control over the matter.
However, sometimes opting into a class action is the better decision. If you stand to lose very little, it may not be worth your time to sue individually.
The Bottom Line
Class action lawsuits and individual injury claims are two very different legal tools.
Class actions combine hundreds or thousands of small claims. An individual claim focuses on ALL OF THE MONEY POTENTIALLY RECOVERABLE BY YOU. Which is right for you depends on the nature of the harm, extent of injuries and what you hope to accomplish.
Quick recap:
- Class actions work best for widespread, smaller damages
- Individual claims work best for unique, serious injuries
- Both typically use contingency fee structures
- Individual claims usually mean higher payouts per person
- Class actions offer convenience but less control
When you are injured, the wisest course of action is to consult with a contingency fee attorney regarding your matter. A competent attorney will evaluate the case, discuss available options and guide you towards choosing the option that will provide you the greatest outcome.
You only pay if they win. So there’s no risk in getting expert advice.
Don’t Do it Alone. Make the wrong decision and you could end up with less than what you are entitled to.
