Individuals who feel that they have suffered undue hardship due to an insurance or indemnity company's decision to deny or rescind health coverage, or any other breach of insurance contract that has been made in bad faith, may consider pressing charges against the company and seeking compensatory damages plus penalties or punitive damages where available. Consumers have the option to create a mass action, or in some situations a class action, to collectively bring their claims arising from the insurance company's activity. In a ?massaction, each individual is separately named as a plaintiff in the
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Identify a Pool of Claimants
The
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Individuals who attempt to start a collective lawsuit can use a variety of resources to identify potential members of their action. Scouring message boards on the Internet is a great way to create a network of citizens who have been harmed by a particular insurance company's misconduct.
State the Common Grounds on which the Collective Action will be Based
After a pool of claimants has been identified, it is time to establish the grounds on which the collective lawsuit will be based. Members of the group must have a common factual or legal ground on which their claims are based, meaning that each member must have a legitimate claim that directly involves the same charges that will be brought against the insurance company. In a class action, the questions of law or fact common to members of the class must predominate over any questions affecting only individual members.
Serving as Class Representative
In a ?massaction where every claimant
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A class representative should possess strong communication skills, a desire for justice, logical expectations and an adequate amount of time and resources to effectively represent the group. The representative will be responsible for speaking on behalf of the group, dealing with the class attorneys, and many other duties associated with bringing charges against the insurance company.
Retaining Adequate Counsel
The final step in starting a collective lawsuit, whether a ?massor ?classaction, is to hire a Chicago insurance coverage attorney to provide counsel for the group. Hiring an experienced lawyer can be the difference between winning and losing a case. Hiring
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