What is required for a class action personal injury lawsuit?

Class actions require numerous similar claims with common legal and factual questions predominating individual issues. Federal Rule 23 mandates numerosity, commonality, typicality, and adequate representation. Personal injury classes face challenges due to individual damage variations. Mass torts often proceed as multidistrict litigation instead. Common issues might include defect causation or liability standards. Individual damage trials may follow class liability findings. Notice requirements ensure due process for absent members. Settlement approval requires court finding of fairness. Opt-out rights preserve individual lawsuit options. Attorney fee structures differ from individual cases. Class certification decisions significantly impact litigation strategy.

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  1. While walking to retrieve materials during my shift, a forklift suddenly reversed and ran over my foot, crushing it completely. The driver was later seen holding his phone, and several coworkers mentioned that he frequently used his device while operating heavy machinery. I also found out that the company had no official policy banning phone use during forklift operation and had ignored previous warnings. Can I pursue a lawsuit directly against the employer rather than relying solely on workers’ compensation?
  2. Can unconscionability void an arbitration clause in injury contracts?
  3. My son was paralyzed from the neck down when defective playground equipment collapsed at his Alpharetta elementary school, and records show the school district had received an engineering report recommending immediate replacement due to metal fatigue but allocated no budget for repairs. What legal action can we take?
  4. How is fault determined in a personal injury case involving multiple parties?
  5. How do legal ethics apply in attorney advertising for personal injury cases?
  6. I was unloading items at a receiving dock when a forklift suddenly accelerated forward and pinned me between two crates. The operator later claimed the machine had malfunctioned and surged ahead. Mechanics found it hadn’t been inspected in months despite a known history of stalling and erratic movement. Could I sue outside of workers’ compensation?
  7. Can foreseeability be argued based on location crime statistics in injury law?
  8. What role does recall status play in product-based injury law litigation?
  9. How does medical evidence play a role in personal injury lawsuits?
  10. What should I do if I’ve been injured in an accident?
  11. How do personal injury lawyers handle cases involving defective products?
  12. What is a “statute of limitations” in personal injury cases?
  13. What is a letter of protection in a personal injury claim?
  14. How are trial exhibits authenticated in court?
  15. What happens if a contingency fee agreement is not in writing?