Chicago Class Action Lawyer

Fighting for Justice in Complex Class Actions

If you’ve been harmed by a corporation or the government, a Chicago class action lawyer can help you take legal action along with other victims to ensure fair compensation. Chicago Injury Center is considered the one of the best class action firm, helping clients across the country recover a fair settlement and guiding victims through the complicated litigation process. Contact us today for a free consultation about your class action lawsuit.

Settlements & Verdicts Recovered by Our Law Firm in Chicago

$21,000,000: A national hotel chain refused to screen its employees, leading to multiple sexual abuse cases throughout Cook County. We demonstrated that the business had not met its legal obligations under Illinois law.

$15,000,000: Several boys were sexually abused by a coach at a Lincoln Park private school. We represented them at the District Court of Northern Illinois and demonstrated that the school had prior knowledge of the man’s sexual abuse.

$6,000,000: A shooting at a private event space in Downers Grove resulted in severe injuries for multiple individuals. Our attorneys proved that the event space did not have adequate security despite being in a high-risk location.

Why Choose Chicago Injury Center

Our law firm has secured millions in compensation for victims across Illinois. We are a member of the Million Dollar Advocates Forum, having earned over $450 million in compensation for over 5,000 individuals. As members of the Illinois Trial Lawyers Association, we are highly familiar with the local court system and have a 98% success rate across our cases.

What Is a Class Action Lawsuit?

A class action lawsuit is a form of litigation in which multiple cases involving similar damages are tried together. The judgment at trial is legally binding for every member of the case, and damages are distributed among everyone who is party to the suit.

To bring a class action lawsuit, there are several requirements:

• Numerosity: There must be a number of plaintiffs all willing to bring a case. Typically, this must be more than 20.
• Commonality: Every case tried as part of the suit needs to have common themes. For example, there should be similar complaints about a defective product.
• Typicality: Those cases chosen to be part of the suit should represent the interests of all involved
• Adequacy of Representation: The attorneys assigned to the case must be able to protect the rights of all people represented by the suit.

These lawsuits can have many advantages over individual lawsuits. Information is shared among all attorneys, and the courts are not overwhelmed by litigation that all involves the same legal issues. Legal fees are also distributed evenly between numerous people so that more people can afford to pursue a case.

Types of Class Action Cases We Handle

Consumer Fraud Causing Physical Harm

Issues involving products with misleading ingredient lists, unproven cures for serious conditions, and fraudulent treatments for addiction and mental health issues could all fall under this consumer fraud category.

Defective Products and Product Liability

Consumers might be harmed or even killed by defective products, such as poorly designed kitchen appliances or unsafe automotives.

Dangerous Pharmaceuticals or Medical Devices

Well-known class action lawsuits involving dangerous pharmaceuticals include medications causing hearing loss, hernia mesh products with a high risk of internal adhesions, and birth control that heightened the risk of blood clots.

Environmental Contamination Causing Injury or Illness

Dozens of states, including Illinois, have banded together to file lawsuits against PFAS manufacturers. These “forever chemicals” can result in cancer, birth defects, and kidney dysfunction.

What Are the Most Common Injuries in Class Action Cases?

Injuries commonly recovered by class action lawsuits include:

• Financial losses from harm and deception
• Physical harm like burns, lacerations, and fractures from defective tools
• Organ damage and poisoning from dangerous medications
• Respiratory harm, cancer, and organ failure from dangerous chemicals
• Chronic illness due to consumer goods
• Emotional distress and privacy violations
• Lost wages and benefits from employment violations

What Damages Can Class Action Plaintiffs Recover in Chicago?

You could be able to recover both economic and non-economic damages from a class action lawsuit. These include:

• Refunds
• Replacement of consumer products
• Lost wages
• Medical expenses
• Future medical needs
• Emotional distress
• Pain and suffering, if applicable

In some instances, courts award punitive damages for gross negligence or reckless disregard for human safety. They can also order the defendant to change their business practices or remove products from shelves.

What Is the Average Payout for Class Action Lawsuits in Illinois?

The average payout for class action lawsuits in Illinois is $74,873,042. As a reminder, the payout is shared amongst every plaintiff. The range is between $50,000 and $546,069,005.

Your specific payout will depend on the number of plaintiffs, available evidence, liability, and insurance policies.

Example Class Action Cases Filed in Cook County

K-B Toys, a toy retailer, insisted that their products were priced lower than competitors. However, research demonstrated that this was false and their comparative matching system was fake. Plaintiffs received a collective settlement of $3,000,000.00.

Portillo’s Restaurant, a popular Chicago chain, advertized their beers as 12 ounces, but they were in fact only 10.6 ounces, defrauding customers out of thousands of dollars over the years. They settled for $50,000.00.

Why You Need an Experienced Class Action Lawyer

Multi-plaintiff litigation requires significant resources, as lawyers must thoroughly investigate each individual claim and identify the commonalities. Additionally, companies will use every resource possible to defend themselves from lawsuits and prevent injured parties from receiving anything. Thanks to our years of experience with the Circuit Court of Cook County and the United States District Court for the Northern District of Illinois, we can effectively manage the vast resources required to navigate these lawsuits and gain justice for injured consumers.

What Laws Govern Class Action Lawsuits in Chicago?

Class action laws are at both the state and federal levels. In Illinois, the Class Action Statute covers certification of lawsuits, including that there must be enough people that litigating each case individually is impractical (735 ILCS 5/2-801).

The Illinois Supreme Court has ruled regarding certifying a class action lawsuit in multiple trials including Smith v. Illinois Central Railroad. In this case, a train derailed, exposing bystanders to hazardous chemicals. The plaintiffs’ counsel did not demonstrate that there was commonality among the individuals and the harm they suffered, nor had they adequately described the geographic boundaries and how this could have affected symptoms. This shows that commonality and representativeness are key considerations in whether a suit can be brought.

Federal class action lawsuits are governed by Federal Rule of Civil Procedure 23, which notes that the defendants must have refused to act at the local or state level before bringing a federal suit.

The Class Action Fairness Act of 2005 expanded jurisdiction over large, multi-state suits, including outlining notice procedures to ensure that all claimants had time to join the suit (28 U.S.C. §§ 1332(d), 1453, 1711–1715).

How Long Do I Have to File a Class Action Lawsuit in Illinois?

You must act quickly if you want to initiate a class action lawsuit. For product liability, the statute of limitations is two years, with a 12-year statute of repose (735 ILCS 5/13-213). For personal injury, the statute of limitations is also two years (735 ILCS 5/13-202).

Who Can Be Held Liable in Personal Injury Class Action Cases?

Class actions are a versatile legal tool that can be used against a variety of defendants, from individuals to corporations and the government. Common liable parties include:

• Corporations
• Manufacturers of products, pharmaceuticals, and equipment
• Employers
• Financial institutions, including fintech companies
• Government agencies

It’s possible to have more than one defendant in a class action suit, though it must be demonstrated that all of them significantly contributed to the harm done. There must be evidence that the legal questions posed by the suit apply to all the defendants to a significant degree.

For example, if multiple companies manufactured a dangerous chemical, then they could all be party to the suit as long as the harm done or the legality of the issue was similar between all defendants.

Common Defenses in Chicago Class Action Cases

Class action lawsuits can have significant impacts on defendants, damaging their reputation. As such, their insurance agencies will do everything possible to diminish claims. Our attorneys are highly adept at countering these defenses, which include the following.

Numerosity: The defendant can argue that there are not enough representative plaintiffs. Typically, you need more than 20 to make a case. Our attorneys will work to identify all affected individuals so that you have a strong claim.

Typicality: The defendant could insist that the parties involved in the class action are not representative of the problem. We can review thousands of documents to show that your case, and the others included in the lawsuit, reflect the harm done to dozens, hundreds, or thousands of other people.

Expert Testimony: Also known as the Daubert Standard, this refers to the Supreme Court Case Daubert v. Merrell Dow Pharmaceuticals, where it was decided that judges serve as “gatekeepers” for scientific evidence. Instead of considering the general acceptability of scientific evidence, courts must consider the robustness of the information available and the veracity of the expert providing testimony. Defendants can challenge expert witnesses based on their reputation, skills, expertise, and independent verification of their claims. We will secure the highest quality experts available to ensure that the Daubert Standard is always met.

Lack of Causation: It must be clear that the defendant’s actions directly led to financial, physical, or emotional harm to the members of the suit. Otherwise, the claims could be dismissed. This can be verified using information like medical reports, expert testimony, witness statements, and scientific evidnece, depending on the circumstances.

Lack of Standing: Representatives must show a clear harm, whether that was losing money or suffering an illness. We will prove this by gathering ample evidence of concrete harms and demonstrating how your issues had an appreciable affect on yoru quality of life.

Commonality: Every person on the suit will have a slightly different experience, and the defendant’s lawyers will insist that these differences mean there is no commonality between the arguments. We will organize the evidence to build a strong narrative, showing how each consumer suffered similar harm.

Procedural Defenses: When all other defenses fail, companies will insist that the suit was not filed correctly or on time. By acting quickly and working with a good law firm, you can ensure that your case is not damaged by these arguments.

How to Strengthen Your Class Action Case in Chicago

To build a strong case, follow these steps:

• Preserve all evidence, such as receipts, damaged products, original product packaging, and medical records.
• Document all medical expenses, lost wages, original purchase prices, and out-of-pocket expenses like transportation. If the incident is related to your occupation, retain employment records and pay stubs.
• Gather witness information for those who can attest to the harm done to you.
• Do not accept initial settlement offers without legal review.

How a Chicago Class Action Lawyer Can Help

Our team will guide you through the entire litigation process, which includes:

• Investigating the case and identifying other injured parties to build a strong lawsuit.
• Gathering evidence, such as medical reports, expert testimony, FDA recalls, scientific analysis, surveillance footage, and witness statements.
• Establishing negligence by analyzing internal communications, previous violations, and safety inspections.
• Coordinating amongst all plaintiffs to determine commonality and numerosity.
• Negotiating with the defendant to secure a fair settlement for all those harmed by their negligence.
• If necessary, filing a lawsuit and representing plaintiffs at trial.

We work on a contingency fee basis, meaning that you and all others owe us nothing unless we successfully secure compensation. This makes it possible for people of any financial means to secure high-quality legal representation.

FAQs

How do I know my case qualifies for a class action?

Class action lawsuits require a large number of plaintiffs who have all suffered the same or similar injuries or losses. Additionally,everyone who files must have been injured by the same defendant, and they must be representative of a larger group of individuals.

Are there any downsides to class action lawsuits?

Individuals involved in a class action lawsuit typically receive less compensation than they could have secured on their own. Additionally, if the lawsuit fails, you are not eligible to file another suit against the defendant.

What are whistleblowers in class actions?

Whistleblowers in class action suits are individuals who report illegal or deceptive practices within an organization. When filing under the False Claims Act (31 U.S. Code § 3729), they are essentially suing on behalf of the federal government and are protected from retaliation.

How much does a class action lawyer cost in Chicago?

We work on a contingency fee basis: no fees unless we win.

Can I join an existing class action lawsuit?

Some class action lawsuits do not require you to do anything to join, called “opt-out” lawsuits. Another party has filed a claim on behalf of anyone who was harmed by the defendant. You can then submit a settlement claim once the class action has concluded.

What if I miss the opt-in or opt-out deadline?

If you miss the deadline, then you will not be able to join the lawsuit and therefore cannot receive any compensation.

Can a class action include claims for personal injury?

Yes, a class action lawsuit can include claims for personal injury, particularly regarding defective consumer products, harmful pharmaceuticals, or environmental contamination.

Book a Free Consultation at Our Law Office in Chicago

Filing a class action lawsuit can be a daunting task, but you don’t have to go it alone. Our award-winning firm has helped over 5,000 individuals throughout the United States to secure fair compensation after corporations, organizations, and government agencies have failed to protect them from dangerous products or chemicals. We work on a contingency fee basis, so there is no fee unless we win. Contact us today for a free consultation about a potential legal action.

Content reviewed by Chicago personal injury lawyer Jonathan Rosenfeld of Rosenfeld Injury Lawyers LLC, who holds negligent individuals, corporations, and institutions accountable to secure justice and compensation for injured victims and their families, and is a trial lawyer recognized by Super Lawyers, the National Law Journal, and the National Trial Lawyers organization.