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HermanGerel A More Individual Approach to Justice
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"The only plaintiffs who benefit directly are those who are named as parties to the suit."
 

A plaintiff may file an individual lawsuit in state or federal court. He or she may be the only claimant in the case, or may be one of many.

Since there is no limit to the number of participants in an individual lawsuit, you could be part of a single lawsuit with a thousand other claimants. The important thing to remember is, it is still an "individual" lawsuit.

This means that when a judgement is entered or a settlement is reached, the only people who benefit directly are the specific individuals who are named parties to that suit. So if an uncle or cousin -- who took the same faulty medication that you did -- decides not to join your lawsuit, he or she will not gain from any settlement or verdict reached in your case.

As a result, if the court awards you $1 in punitive damages and $2 in compensatory damages, your cousin gets none of that. Or, because the outcomes may vary from jury to jury -- or from case to case -- the opposite might occur: your cousin might win big, and you could get nothing.

However, there is a procedural device called Multi-District Litigation (MDL) that HermanGerel has successfully used to give individual lawsuits many of the same strengths and advantages available in class action suits.


The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. Persons accessing this site are encouraged to seek independent counsel for advice regarding their individual legal issues.

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