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Can I sue on my own to avoid using a lawyer for a welding rod injury case? Should I file as part of a class action?
Anyone can bring a suit on a pro se basis – that is, without using an attorney. However, that is hardly ever a good idea, particularly with a complex issue like welding rod poisoning. An experienced attorney will make sure that every possible defendant is brought into the lawsuit, including some that you may not have contemplated.
He or she will also be able to meet time limits, including statutes of limitation and limits imposed by the court. Your attorney will request all the necessary information from the opposing side and comply with court requests so that your case is not compromised. Your attorney can engage in settlement discussions on your behalf and may be able to work out a suitable settlement agreement; however, if your case goes to trial, your attorney will know how to present your case effectively. All of these reasons can make sure that you receive the maximum amount of money your case is worth, and your attorney’s expertise is well worth the percentage that he or she will retain to cover expenses.
One question is whether to file your case individually or as part of a class. This is another question that your attorney can help you with, and in many cases, you may end up filing individually against some defendants and joining a class against others. In a class action suit, individuals who have similar cases are "joined," in order to prosecute their claims in a more efficient manner. This process begins when one person (or more) agrees to serve as the class representative. This "class rep" is then subject to approval by the court. There are a series of requirements that the court reviews -- but most significantly, whether the claims of the "class rep" are typical of the claims of other members of the proposed class. The main reason to file individually is that you often (but not always) get a larger damage award, since you have the opportunity to present any issues that make your case unique and worth more. There also may not be a class available for you to join. Reasons to join a class include power in numbers, because it is easier to prove a case that is supported by the evidence of many class members, the fact a company is more likely to settle if enough lawsuits are brought, and that your damages from a particular defendant may be so small that it makes sense to join a class rather than try to bring your own action.
The decision whether to proceed individually or as a member of a class is only one decision that your attorney can help you make. You should contact an attorney experienced in handling welding rod poisoning cases as soon as possible to discuss your case. This is important, because every state has a statute of limitations that limits when you can file a personal injury lawsuit (often between one and three years). If you miss the deadline, you will not be able to bring a lawsuit. If you would like an experienced birth injury lawyer to review your case, fill out our case evaluation form and an attorney will contact you for a no-cost, no obligation evaluation. |
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