What happens if a plaintiff does not agree with the terms of a class action settlement?
If a plaintiff does not agree to a class action settlement, the plaintiff has the right to opt out of the settlement and instead pursue a separate legal action against the defendant in the case. This means that the plaintiff can continue to individually pursue their claim while the rest of the class action lawsuit is settled. The plaintiff who opts out could potentially receive a greater award than the class action settlement, but they will also be taking on more risk since it will be up to them to prove their case in court. In Arkansas, if a plaintiff opts out of a class action settlement, they may be required to post a bond in order to pursue their claim in court. This bond is designed to cover any costs that may arise if the defendant is successful in the case. If a plaintiff opts out of the class action and fails to prove their case in court, they could bear the legal costs of the case in addition to any other damages the defendant may be awarded. This is why it is important for a plaintiff to carefully evaluate the terms of the class action settlement and decide if pursuing a legal action on their own would be the better option.
Related FAQs
How is the class of plaintiffs identified and certified?How do class action settlements differ from other types of settlements?
What is the class action fairness act?
What types of cases can be brought as class action lawsuits?
What is the class representative responsibility in a class action lawsuit?
What are the costs associated with a class action lawsuit?
What is a class action certification?
What is a class action waiver?
How are class action settlements distributed?
What types of defenses are available in class action lawsuits?
Related Blog Posts
What is Class Action Law and How Does it Affect You? - July 31, 2023The Basics of Class Action Lawsuits: What You Need to Know - August 7, 2023
What to Expect When Filing a Class Action Lawsuit - August 14, 2023
What Are The Benefits of Participating in a Class Action Lawsuit? - August 21, 2023
How To Find a Reputable Class Action Lawyer - August 28, 2023