We often have clients who come to us seeking advice in relation to class actions.
Class actions are a group of seven or more people who have claims arising out of the same or similar circumstances. Sometimes our clients are interested in becoming a member of a class action, or may already be a member, but they’re unsure of their entitlements or whether they have other options available to them.
Given the many class actions currently on foot against pharmaceutical and product companies, doctors and medical establishments in Australia (such as the cosmetic surgery and gynaecological mesh class actions, for example) we’ve answered below three of the most frequently asked questions we get asked by our clients in relation to class actions:
Q: Do I need to opt-in or opt-out of a class action?
All class actions are different! Some class actions require you to opt-in to become a group member. In other class actions, you will automatically become a group member unless you opt-out by a set date. To find out whether a class action is opt-in or opt-out, we recommend contacting the firm running the class action for advice, or alternatively checking the Supreme Court or Federal Court website.
If a person misses the date to opt-in or opt-out of a class action, it may still be possible to do so, however an application to the Court may be required. We encourage clients to seek legal advice without delay if they have missed an opt-in or opt-out date in a class action.
Q: What are the pros and cons of being part of a class action?
Generally speaking, class actions do not require as much involvement from group members and the costs to the member are often lower than they would be if they were to take a private action, as the costs are split between many group members. Class actions are particularly beneficial for people with small claims, as it may not be financially viable to pursue a claim by way of a private action for only a small sum of money, as the costs may outweigh the compensation.
However, class actions often take much longer to resolve than private actions because there can be tens, hundreds or thousands of members. Further, members often receive less compensation from class actions than they may have had they pursued a private action, as the compensation from the class action must be split up between many members. Finally, in a class action, a member often has no say in decision making or settlement negotiations. In a private action, the person is able to consider advice they are given from their lawyers and make their own decisions in their case.
Q: If I receive compensation from a class action, can I still bring my own private action?
Generally speaking, a person cannot go on to claim further compensation in relation to the same injury for which they were compensated through the class action. Very occasionally, there may be unique circumstances which may give rise to a further claim in relation to the same injury, such as if someone else who was not a defendant in the class action has contributed to the injury. There are complex legal issues and time limits involved in determining whether you may able to claim further compensation, so it is important to seek legal advice about this as soon as possible.
If you are a member of a class action or you would like to discuss your rights and options in relation to a class action, our team of expert personal injury and medical negligence solicitors would be pleased to assist you. We look forward to hearing from you on 02 4050 0330 or via our website.
