Group Claims

Group Claims

Group claims, also known as class actions or collective actions, are legal proceedings in which a group of individuals with similar claims or grievances collectively file a claim against one or more defendants. Instead of each person pursuing an individual claim, the group members join forces to bring a single, consolidated case. Group claims are used in various areas of law, including consumer protection, employment, environmental law, product liability, and civil rights.

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If you've encountered injustice and are thinking about filing a claim, chances are there are others who share your circumstances. The pursuit of justice can be accomplished through collective action. At P.A Duffy & Co Solicitors, we represent various individuals who have united in group claims cases in Ireland and Northern Ireland. Our team are experienced, understanding and sympathetic and will work tirelessly on your behalf to secure the compensation you are all owed for what has happened.

Here are the general steps to make a group claim:
  1. Identify Common Issues: First, you need to identify a group of individuals who share common legal issues or grievances. This could involve, for example, mass fatalities or injuries, product liability, environmental damage and consumer protection issues.

  2. Legal Representation: It is essential to consult with a solicitor who specialises in the area of law relevant to your group claim. At P.A. Duffy and Co. we will assess the strength of your case, help you understand the legal requirements for a group claim, and guide you through the process.

  1. Choosing your legal remedy: Your solicitor will advise you on the best legal remedy for achieving your individual and/or group objective. The appropriate remedy will depend on the precise circumstances of the case, the jurisdiction the case is being pursued in and funding arrangements. Options include:

  • Representative actions

  • Test cases

  • Individual claims

  1. The Claim: With the court's approval and class members' participation, the claim can proceed through various stages, including pleadings, discovery and potentially trial.

  2. Resolution: The case may be resolved through a court judgment, a negotiated settlement, or other means. The outcome of the lawsuit will apply to all class members, whether or not they actively participated in the litigation.

  3. Distribution of Awards: If the group claim is successful, the court will determine how any monetary awards or other remedies are to be distributed among the class members.

Group claims can be complex and typically require the expertise of a solicitor who specialises in the relevant area of law. It's crucial to consult with legal professionals who can guide you through the process and help you determine whether a group claim is the appropriate legal avenue for addressing your specific issues or grievances.

Contact our solicitors in Dungannon, Belfast and Dublin for a consultation with one of our experts. Call us on 028 8772 2102 (UK) or 01 533 7860 (IE). We will talk through your situation with you and discuss what the first steps are in bringing a group claim. We can also answer any questions you may have.

FAQs

What is a representative or class action?

A representative or class action is a legal procedure that allows a representative plaintiff to bring a claim on behalf of a group of individuals who have similar claims against the same defendant. This legal mechanism is designed to efficiently resolve disputes involving multiple claimants who have common issues of fact or law.

What will I receive compensation for in a group claim?

The compensation received in a group claim, also known as a class action, can vary depending on the nature of the case, the damages suffered by class members, the terms of any settlement or judgment, and the legal and regulatory framework in the jurisdiction. In a group claim, compensation can include the following:

  • Monetary Damages: Class members may receive monetary compensation for the actual harm or losses they have suffered due to the actions of the defendant(s). The compensation amount can vary widely depending on the specific circumstances of the case.

  • Reimbursement: In some cases, class members may be reimbursed for out-of-pocket expenses incurred as a result of the defendant's actions. This can include expenses related to purchasing a defective product, medical bills, or other direct costs.

  • Injunctive Relief: In addition to monetary compensation, a court may order injunctive relief. This can involve an order to stop or change the defendant's behaviour or practices that led to the harm, with the aim of preventing future harm.

  • Equitable Relief: In some cases, class members may receive equitable relief, such as a court-ordered adjustment of contracts, the correction of erroneous records, or the provision of specific benefits or services.

  • Exemplary Damages: In cases of particularly egregious conduct on the part of the defendant(s), exemplary damages may be awarded. These are designed to punish the defendant for their actions and deter similar conduct in the future. However, exemplary damages are relatively rare and often subject to limitations.

How much compensation will I receive for myself or my group?

The specific compensation available in a group claim depends on the legal issues, the strength of the case, the evidence presented, the outcome of the litigation, and any negotiated settlements.

If you speak to us about your case, we will be able to give you an initial idea of the range of compensation that is generally awarded for the type of claim your group is bringing.

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Our Group Claims Team

Conal McGarrityConal McGarrityDirector
Enda McGarrityEnda McGarritySolicitor
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