How Long Do Class Action Lawsuits Take?
March 10, 2025 | Sagi Shaked | Personal Injury
Class action lawsuits combine many similar cases into a single case for the sake of judicial efficiency and consistency. A class action lawsuit might combine anywhere from several dozen to several million cases.
The time it takes to resolve a class action lawsuit is uncertain, but they typically take years to resolve. This is not always the case, however—early settlements are still possible.
Why Bother With Class Action Lawsuits?
Imagine a defective medical device, such as a hernia mesh. If a design defect caused the mesh to injure thousands of patients due to the same malfunction, it doesn’t make much sense to schedule thousands of trials, for two reasons:
- Thousands of cases could burden the judicial system with the sheer volume of litigation, even if most cases never made it to trial.
- Courts would have to prove the same facts thousands of times-–a very inefficient way of administering justice.
- Inconsistent results among thousands of trials would be virtually guaranteed, resulting in a confusing mess of potentially unfair results.
These are some of the reasons why courts like to combine cases like these into a single case.
Procedure for a Class Action Lawsuit
In Florida, class action lawsuits generally adhere to the following procedure.
Filing the Complaint
The plaintiff files a complaint with the appropriate court. The complaint describes the class (“Anyone who used XYZ hernia mesh from 2023-2024”, for example). It also asks the court to certify the class.
Certification of the Class
The court decides whether to certify the class based on numerous factors including:
- Whether the class is so numerous that it doesn’t make sense to litigate every case individually. Normally, you need at least several dozen class members to certify a class.
- Similar questions of law and fact predominate.
- The claim and defenses of the original plaintiff (the one who filed the class action lawsuit in the first place) are similar to the claims and defenses of the other class members.
- The original plaintiff (and their lawyer) must have the ability to adequately represent the entire class. That fact, more than any other, is why you need a lawyer to file a class action lawsuit.
The court enjoys considerable discretion concerning whether to certify a class.
Notification and Opt-Out
The representative plaintiff, under court supervision, notifies class members of the lawsuit and offers them the chance to opt-out. If they opt out, they cannot share in any compensation, but they can file their own lawsuit. The larger the class, the longer this process takes.
Pretrial Motions and Discovery
Pretrial motions include motions to dismiss, motions to suppress evidence, and more. They can take months or longer to complete, depending on the complexity of the case.
Pretrial discovery is a court-supervised evidence-gathering process that occurs after the judge certifies the class but before the court schedules a trial date. Each side can cross-examine the other side’s witnesses under oath, issue written interrogatories, and demand access to documents and physical evidence from the opposing party. Pretrial discovery can take a year or more to complete.
Negotiation, Mediation, or Both
Pretrial discovery can generate so much evidence that one side has no choice but to capitulate and settle on the other side’s terms. Even if not, negotiation and mediation remain potentially effective ways to settle.
Settlement
Once the two sides reach an agreement in principle, the two sides’ lawyers will dicker over the exact wording of the settlement agreement. This process usually doesn’t take long. However, the judge must certify the settlement to make sure it is in the best interests of the class. Once the court approves a settlement, any ongoing lawsuit ends immediately.
Trial (If Necessary)
Typically, the undesirability of a trial is the only issue that both sides can agree on. A lawsuit that includes a settlement typically takes longer than a simple settlement. Class action trials typically take weeks or months to complete.
Appeal
Appeals can add years to the length of time it takes to resolve a case. Fortunately, losing parties don’t often appeal, since appeals are very difficult to win.
An Experienced Florida Class Action Lawyer Can Make All the Difference
Many Florida personal injury lawyers enjoy years of experience resolving various types of claims. Not many, however, have represented clients in class action lawsuits. Get in touch with an experienced class action attorney for a free consultation today so that you can learn about your legal rights and options.
Contact the Miami Personal Injury Lawyers at Shaked Law Personal Injury Lawyers For More Help
If you’ve been injured in an accident in Miami, FL and need legal help, contact our Miami personal injury lawyers at Shaked Law Personal Injury Lawyers to schedule a free consultation.
Shaked Law Personal Injury Lawyers
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Aventura, FL 33180
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