Benzene is an ingredient in many chemicals and products in industrial processes, and many millions potentially had significant benzene exposure, especially those working in or living near industrial plants, oil refineries, and gasoline stations with leaking tanks. Because of this, the numbers of benzene class action lawsuits will more than likely increase as more people become aware of the hazards associated with high levels of benzene exposure.
A Benzene class action lawsuit combines a large number of Benzene claims brought by separate individuals under one representative lawsuit. The action is brought in the name of a class representative who is selected to represent the interests of all the members who have the same claim against the same defendant. If successful, the court judgment or settlement is distributed among the class members.
Does joining a class action make sense in your case? It may. Filing as a class has benefits. It makes sense on not so-big claims since aggregating them under one lawsuit adds more clout in terms of numbers against a larger, more powerful corporation, thereby increasing the likelihood of success, recovery and size. By pooling claims and hiring a class action lawyer, the small claimants can compete in numbers. It also gives the class members a more powerful legal posture than that available in an individual action. Moreover, class actions are also a way to lower the cost of pursing the lawsuit because of shared expenses, making it more affordable to pursue.
The major downside is the odds that you might receive a lower settlement than if you had filed separately. In most typical class actions, members are bound by the outcome of the case. Any settlement is intended for the individuals who joined the lawsuit. You cannot later sue for a higher settlement. Your best course of action would be to compare the amount of compensation you might get as a member of a class with what you might get by filing an individual action. Furthermore, a part of a class you lose the freedom and independence of running your own trial with your own lawyer, which includes the freedom to settle out of court or abandon the case entirely. An individual lawsuit allows the attorney to tailor his or her trial tactics to your precise situation and deal with you as an individual as opposed to legal representation from a class action lawyer who you may never have seen or dealt with. Finally class members make wait a longer period to get recovery.
For more information on individual lawsuits, see Filing a Lawsuit and How to Select a Lawyer.