New Mexico Employment Lawyers | Opting Out of Class (2024)

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New Mexico Employment Lawyers | Opting Out of Class (3)

Why You May Want to Consider Opting Out | How It Affects Your Rights

A class action lawsuit can offer a number of benefits, but your participation in such a lawsuit can also come at a cost. It’s important to understand that, with respect to the class action, you have a number of options:

  • You can elect to participate as a member of the class
  • You can choose to “opt-out” of the class, hire your own legal counsel, and file a separate lawsuit
  • You can decide to opt-out of the class action and do nothing

Reasons for Participating as a Member of a Class Action

A class action can offer a viable way to pursue damages when your claim is relatively small, and might not be worthwhile on its own. You may not choose to take legal action for $500 claim, but if there are a thousand others with same claim, you now have an aggregate claim of $500,000. A class action allows you to pursue your smaller claim without having to assume full responsibility for things like filing fees and other costs of litigation. In a class action, you can also benefit from the “strength in numbers” argument. Your attorneys may find it easier to convince a jury of wrongdoing if a large number of people had the same experience.

Why You Might Want to Opt Out of a Class Action

As a general rule, unless you affirmatively opt out of a class action, you will be included as a member. Typically, when you receive the initial notice of the class action, it will include instructions regarding how to opt out—note that there will usually be a cut-off date by which you must opt out.

There are a number of reasons why you may choose not to participate in a class action:

  • If your losses were significantly more than other members of the class
  • If the facts of your case were different and you are concerned that the class action might not address all your interests
  • If you lack confidence in the attorneys or lead plaintiffs in the case

Contact Our New Mexico Employment Lawyers at Buchanan Law Firm, LLC

At Buchanan Law Firm, LLC we have protected the rights of individuals in employment law and personal injury claims for more than 20 years. Attorney Deena Buchanan brings extensive local knowledge and experience to every case she handles, with a thorough understanding of the laws and the court system in New Mexico. A trial lawyer with decades of hands-on experience handling complex legal issues, she’s known for her poise and composure in even the most pressure-packed situations.Deena has extensive experience in both the state and the federal courts.

A Buchanan Law Firm, LLC we understand that every legal matter offers a distinct set of facts and circ*mstances. We’ll listen carefully and ask the right questions so that we can learn the details of your case, and tailor our counsel to get the results you seek. To learn if you qualify for a free initial consultation, call our office at 505-900-3559 or send us an e-mail.

We are available to meet with you outside of work hours, if necessary. All major credit cards are accepted.

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My Promise to You

New Mexico Employment Lawyers | Opting Out of Class (5)

We Prepare Each Case for Trial

We prep every case as if it will be going to trial. There is no better way to make sure you get the compensation that you deserve than to be ready to fight for you and exhaust all legal remedies. Some firms shy away from trial, we embrace it.

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This is a Team Effort

We recognize that every legal matter is different. We’ll listen carefully to learn the details of your situation, as well as your goals. We’ll keep you involved and informed at all times, making certain you know where you stand, what your options are, and your likelihood of success.

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We Will Be Straight With You

Whether it is about the value of your case, or how good or bad the evidence is, we will tell it to you straight. We want to help you make the best decisions about your case by giving you the information you need.

Notable Case Results

We have recovered tens of millions of dollars for our clients.

$11.6 Million

Hospital Negligence

Hospital negligence resulted in catastrophic injury. This was a case involving a patient who entered the hospital for routine observation but left the hospital with catastrophic and permanent injuries due to neglect and improper treatment. This case involved extensive expert testimony on all aspects of the client’s care, both by hospital administration, hospital employees, and contractors who were involved in her treatment.

$8 Million

Semi Truck Wrongful Death

Semi-truck negligence caused wrongful death. This case involved a semi-truck driver who was intoxicated on illegal substances and killed our client. The key to this case was both aggressive discovery work, and understanding the trucking laws that regulate truck drivers and motor carriers, so we could prove how reckless it was to put the driver on the road that day.

$3.5 Million

Semi Truck Catastrophic Injury

Semi-truck negligence caused catastrophic injury. This case involved a semi-truck driver who lost control of his vehicle in a high-traffic area, causing devastating injuries to our client. We were able to reconstruct every step of the events leading up to the crash that day to piece together why this happened, using sophisticated experts in reconstruction engineering.

$3.0 Million

Semi Truck & Corporate Negligence

Semi-truck and corporate negligence caused wrongful death. Our client died as aresultof the defendant’s negligence in parking a commercial vehicle. The key to this case was understanding trucking regulations and local ordinances at play to show how the situation should have been handled safely.

$1 Million

Semi Truck Wrongful Death

Semi-truck causing wrongful death. This sad case involved the tragic death of our clients when a semi-driver was high on illegal substances. The key to this case was working closely with law enforcement and our reconstruction expert to identify all of the assets we could recover for these clients so that they could be as fully compensated as possible.

SEE MORE RESULTS

Let's Get Started

We're ready to fight for you. We're ready to be your ally and we are ready to begin right now. Don't waste another day, contact our law office today.

Free Case Evaluation - (505) 900-3559

We understand that serious injuries do not happen only during normal business hours which is why we are always available to help if you have been injured. Our team is available around the clock to take your call and provide the support that you need.

New Mexico Employment Lawyers | Opting Out of Class (2024)

FAQs

Should I opt out of a class action settlement? ›

When Should I Opt Out of a Class Action Lawsuit? You might want to opt out of a class action lawsuit if you suffered serious injuries, more than most members of the class. In that case, filing an individual claim might be the most reasonable thing.

What happens if I do nothing in a class action lawsuit? ›

If you do nothing, you will be bound by any settlement or decision in the lawsuit.

Should I exclude myself from a class action lawsuit? ›

If your claim is different or potentially worth more than the amount of your share of the class action settlement, it may be well worth the decision to opt out of the class action to maximize your individual damages. If you stay in the class, you'll only receive compensation for the harm the entire class suffered.

Can I withdraw from a class action lawsuit? ›

Individual plaintiffs who don't want to be bound by a court's decision in a class action lawsuit may want to consider opting out of the suit completely, which means that they will retain the right to bring a separate, individual lawsuit against the defendants and seek an amount in damages that they deem fair.

Who gets the most out of a class action lawsuit? ›

The lead class plaintiff or plaintiffs typically receive a more significant share of a class settlement. The reason is that the lead plaintiff does most of the work before, during, and after legal proceedings, playing an active role in hearings, trials, and other court proceedings.

How do I remove myself from a class action lawsuit? ›

In general, you can opt out of any class action. The class notice will state the deadline for opting out of the lawsuit. In most cases, you will have to notify the attorneys handling the case in writing of your decision to opt out.

Is there a downside to joining class action lawsuit? ›

Considering joining a class action lawsuit? While it can empower you in seeking justice, be aware of potential drawbacks like legal uncertainties, loss of personal control, lower individual compensation, and the often lengthy legal proceedings.

What happens if you miss out on a class action lawsuit? ›

If the motion to become a class action is approved, you and other individuals who have been harmed will be given notice and the opportunity to join a class action. If you miss a class action lawsuit, you can pursue legal action through a personal injury lawyer.

Is it worth filing a class action lawsuit? ›

Class action lawsuits can save the courts and the clients time and money. Harmful actions by individuals and corporations come in various forms. They can occur to anyone at any time and, sometimes, to many people, creating a class or group.

Why are class action lawsuits bad? ›

Some of the common disadvantages of class action lawsuits include: Lack of decision making control. Class action lawsuits are, by definition, representative rather than group litigation. That means that representatives of the affected class make the important litigation decisions – including when to settle.

Are you required to pay taxes on a class action lawsuit settlement? ›

According to the Internal Revenue Service, settlement funds must be included in federal income for tax filing purposes unless they are specifically exempted by the tax code. The good news is that any damages you receive based on physical injuries are exempted and don't have to be included as taxable income.

Why do people opt out of class action? ›

If you have reason to believe your injuries may require future or ongoing care, or be significantly worse than most members of the class, you may want to opt out. By opting out, you preserve the right to file an individual lawsuit against the liable party later.

Can you waive class action lawsuit? ›

Federal level

The Supreme Court of the United States has found on multiple occasions that class action waivers are legal, though in all ruled circ*mstances on the issue, the Supreme Court has only ruled on class action waivers attached to arbitration agreements. In AT&T Mobility LLC v.

Should you cash check from class action lawsuit? ›

People have mixed feelings about class-action suits, and whether you cash class-action refund checks is up to you. Generally, if you get one, you probably paid a lot more in wrongful fees than you're getting back in the settlement. If you don't cash the check, the money may go back to the company.

Are class action settlements worth it? ›

While filing an individual lawsuit can help you recover from the resulting damages, there's power in numbers. Teaming up with other plaintiffs who have been injured by the same product in a class action lawsuit can help you recover more compensation than you might have alone.

Is it better to accept a settlement offer? ›

Generally, you should accept the offer only after you know the cost of your damages and understand your future care needs. If the settlement offer is fair and can help you avoid going to court, accepting it could resolve the matter.

What does it mean to opt out of a settlement? ›

Once a person elects to opt-out, the class action will likely proceed without them, and they will no longer be able to claim a part of the settlement or award or otherwise be bound by the outcome of the case.

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