Steps of a Class Action Lawsuit

At McShane & Brady, class action lawsuits we file can be a powerful way for everyday people to stand up to large companies. When plaintiffs join together in one lawsuit, they often have a stronger case than if they went it alone.

So, how does a class action case actually work? What are the steps? Do you have to do anything?

Initial Investigation

At the start of any potential class action, an investigation is conducted to determine how many people have been affected. With a data breach, for example, the impact can range from a few hundred to millions of people. If it’s determined that a class action is needed, the process continues.

Filing the Complaint

Attorneys file a lawsuit in court on behalf of one or more lead plaintiffs (representatives of the group). These “lead plaintiffs” or “class representatives” are the named parties (sometimes by initials) in the case—for example, L.S. vs. Ascension.

The complaint explains the harm suffered and asks the court to allow the case to proceed as a class action.

Class Certification

The judge must decide if the case qualifies as a class action. The court considers factors such as: Is the group large enough? Do they all share similar legal issues? Are the lead plaintiffs good representatives of the class?

If the court certifies the class, the case moves forward for everyone included. If not, individuals may still file their own lawsuits.

Discovery and Pretrial Proceedings

Both sides gather evidence: documents, witness testimony, and expert reports. Motions may also be filed to dismiss the case or narrow the issues.

Settlement Negotiations

Many class actions settle before trial. Any settlement must be approved by the court to ensure it’s fair and reasonable for all class members. Settlements may involve monetary payments, product replacements, debt forgiveness, or changes in company practices 

Trial (if no settlement)

If no agreement is reached, the case goes to trial. A verdict will decide whether the defendant is liable and what damages are owed.

Notification to Class Members

Class members are notified (by mail, email, ads, or websites) of the case’s outcome. People may be given the option to opt out (leave the class to pursue their own case), or opt in (formally join, depending on the type of claim).

Distribution of Relief

If there’s a settlement or verdict, class members receive compensation. This could be cash payments or other remedies, depending on the case. Attorneys’ fees are usually paid out of the settlement fund, with court approval.

Protect Your Future Today

If you’ve received a breach notice, don’t wait. The sooner you act, the stronger your protection—and your legal case—will be.

📞 Call McShane & Brady, LLC at (816) 888-8010
🌐 Visit us at mcshanebradylaw.com

Your privacy is worth fighting for. Let us fight for you.