What is a graduated class action settlement?

A graduated class action settlement is a type of legal settlement specifically designed for class action lawsuits in North Carolina. This type of settlement allows for plaintiffs to be compensated based on the degree to which they were affected by the issue in the lawsuit. In other words, each class member benefits based on the level of their individual loss or injury. Typically, class members with the greatest losses or injuries are given the highest compensation, while those with the least losses receive the lowest compensation. In a priority system known as “graded” settlement, the size or amount of the settlement for each individual is based on the degree of the individual’s particular harm. This provides an opportunity for each injured party to obtain a settlement that is appropriate to their individual level of injury or harm. In North Carolina, scaled class action settlements are often used in cases involving medical malpractice or defective products. In the case of medical malpractice, for example, a graduated settlement would take into account the severity of the injury sustained by each plaintiff, rather than treating all plaintiffs the same. In the case of defective products, a graduated settlement would offer various levels of compensation depending on the level of harm caused by the product. Graduated class action settlements are typically preferred to lump-sum settlements, as they allow for some degree of individualized justice. While lump-sum settlements may not be as fair to individuals with greater losses, graduated settlements are designed to account for the individual differences between plaintiffs.

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What is a graduated class action settlement?

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