Class actions and injury claims
In plain English: a class action is a lawsuit where one or a few people sue on behalf of a much larger group who were harmed in the same way. The result, whether a settlement or a judgment, usually binds everyone in the group who doesn't opt out.
Why most accident claims aren't class actions
Class actions work best when everyone's loss is similar and can be worked out the same way, such as an overcharge on a bill. Personal injuries rarely fit. Your injury, recovery, medical bills and lost income are unique to you. A car crash, a fall in a shop or a workplace accident is almost always brought as an individual claim, even when several people were hurt in the same event.
When group litigation does happen
- Defective products. A faulty airbag, a dangerous drug or a medical device that fails in many patients.
- Mass disasters. A building collapse, a train derailment or an environmental leak affecting a whole community.
- Systemic failures. Institutional abuse or the same unsafe practice repeated across many sites.
How it works in different countries
United States: true injury class actions are uncommon. Large numbers of injury claims against the same defendant are more often combined as mass torts, and in federal courts they may be grouped in multidistrict litigation (MDL). Each person keeps an individual claim, but pre-trial steps are shared.
England and Wales: the courts can make a Group Litigation Order, which manages many individual claims with common issues together. Each claimant is still a party with their own claim.
Canada: each province has class proceedings legislation, such as Ontario's Class Proceedings Act, 1992. A judge must certify the class before the case proceeds, and members are usually included unless they opt out.
If you receive a notice that you are part of a class, read it carefully. Staying in may mean you accept whatever the class receives and give up your own lawsuit. If your injuries are serious, an individual claim may be worth far more. Get advice before the deadline passes.
Questions to ask if you're offered a place in one
- Does the class definition actually include my injury, or only financial losses?
- If I stay in, what rights do I give up?
- How are payments split between members, and how are legal fees taken?
- Does joining affect my limitation period for an individual claim?
A recall notice arrives for your car's airbag, which injured you in a crash last year. A class action over the recall may focus on the lower value of affected cars. Your injury claim could sit outside it entirely and need to be brought on its own.
Next: limitation period · insurance claim vs lawsuit · hiring a lawyer.
Related terms
General information, not legal or medical advice. Rules differ between US states, the UK and Canadian provinces, so check the law where your accident happened. How we write and check · Legal disclaimer