As with other types of lawsuits, there is no standard time for how long it takes to settle or go to trial for a class action lawsuit. Instead, the timeline for a class action lawsuit depends on the factors of the case. While some class action lawsuits can take years to resolve, other actions may settle or go to trial faster.

This blog discusses class action lawsuits in Illinois and the factors that could impact how long it could take for you to receive a settlement for a class action lawsuit.

What Is a Class Action Lawsuit in Illinois?

A class action lawsuit allows a few representative parties to file a lawsuit on behalf of a larger group of individuals. Class action lawsuits are used when a large group of people have a claim against the same parties for the same reasons. For example, perhaps a defective product caused thousands of people to sustain injuries.

Examples of class action lawsuits for personal injuries include, but are not limited to:

  • Mass tort claims
  • Defective medical devices
  • Occupational diseases
  • Defective automobile parts
  • Exposure to toxic or hazardous substances
  • Food poisoning
  • Mass environmental disasters
  • Dangerous drugs
  • Consumer product defects

State law sets the rules for maintaining class action lawsuits within the state. In Illinois, the following prerequisites are required for a case to be filed as a class action lawsuit:

  • The class is so large it would be impractical to name all injured parties as defendants;
  • There are questions of law or fact common to the class;
  • The representative parties will adequately and fairly protect the interests of the class members; AND,
  • A class action is an appropriate method of obtaining an efficient and fair judgment or settlement of the dispute.

If you receive a notice of a class action lawsuit, read all sections of the notice. The notice should inform you how to join the class action lawsuit and if you have other options for pursuing a claim. Contact a Chicago personal injury lawyer for help if you are unsure what to do.

Factors That Impact How Long a Class Action Lawsuit Takes in Illinois

Numerous factors could impact how long it takes to settle or go to trial in a class action lawsuit. Those factors include:

Class Certification Process in Illinois

Before proceeding, a class action lawsuit must be certified by the court. The judge evaluates whether the case meets legal requirements, such as common issues among class members and whether the representative parties can adequately represent the group. If certification is denied, the case may be dismissed or pursued individually. This process can take several months.

The Parties Involved in the Case

In class actions, defendants — often large corporations — may aggressively defend against the case. However, they may also seek to settle early to avoid lengthy litigation and high costs. Settlement negotiations can take time, especially if hundreds to thousands of people are in a class, with both sides exchanging offers. If a settlement is not reached, the case proceeds to trial, which can significantly delay resolution.

The Type of Claim

Some areas of law involve more complex issues than others. It could take longer to resolve the complicated issues in the case. Furthermore, cases involving highly technical issues may require additional research by expert witnesses to provide evidence supporting or refuting the claim.

Procedural Delays

The court’s schedule impacts the timeline for a class action lawsuit. It could take several weeks or months to have a hearing and receive a ruling on pre-trial motions. Disputes regarding legal matters must be resolved before the case can go to trial.

The Discovery Process

Discovery is the process of obtaining evidence and information from the other opposing parties. Tools used during discovery include depositions, requests to produce, interrogatories, and requests to admit. Some cases take longer to investigate than others.

Contact our Personal Injury Law Firm at Powell and Pisman Injury Lawyers

If you’ve been injured in an accident in Chicago, IL, don’t navigate the legal process alone. Our dedicated team is here to provide the expert guidance you need to secure the compensation you deserve. Contact our experienced attorneys at Powell and Pisman Injury Lawyers for a free consultation.

We serve Cook County and its surrounding areas:

Powell and Pisman Injury Lawyers
875 N Dearborn St 4th Floor
Chicago, IL 60610

(312) 635-5400
Open 24/7