protections against class action poaching

[InventMe]

What is the name of your state? New Mexico

I am ready willing able to pursue legal remedy and compensation for what I believe to be a very strong and documentable case against a large MCO serving patients nationally. My complaint involves policies that have not only impinged upon my medical treatment but also apply to all patients in similar circumstances, which would number in the many thousands. I am not trained in law and have preliminary questions as to how to proceed.

First- am I correct that the above statement would and should be managed by a law firm as a class action suit?

Second- As I have transcribed a logical presentation of what exactly is my complaint and the legal jeopardies that the MCO has placed itself in, I am concerned that a law firm could easily just take the ball and run with it recruiting some other patient as plaintiff and cut me out other than as a simple recipient of a mass payout should that occur. So, how should I protect against this and maximize my payout for the damages that I have suffered through and the great efforts that I take, along with opportunity costs, to pursue financial remedy?

Thanks much for all sincere attentions...

 

[quincy]

What is the name of your state? New Mexico

I am ready willing able to pursue legal remedy and compensation for what I believe to be a very strong and documentable case against a large MCO serving patients nationally. My complaint involves policies that have not only impinged upon my medical treatment but also apply to all patients in similar circumstances, which would number in the many thousands. I am not trained in law and have preliminary questions as to how to proceed.

First- am I correct that the above statement would and should be managed by a law firm as a class action suit?

Second- As I have transcribed a logical presentation of what exactly is my complaint and the legal jeopardies that the MCO has placed itself in, I am concerned that a law firm could easily just take the ball and run with it recruiting some other patient as plaintiff and cut me out other than as a simple recipient of a mass payout should that occur. So, how should I protect against this and maximize my payout for the damages that I have suffered through and the great efforts that I take, along with opportunity costs, to pursue financial remedy?

Thanks much for all sincere attentions...

Any attorney looking to represent clients in a class action suit will first want to locate enough victims to support the lawsuit. That takes time. And the head plaintiff chosen to represent the class will be the one who can best represent the cause of action. That may or may not be you.

If you believe you have a case worth pursuing, sit down with an attorney in your area and discuss the facts.

Class action suits do not always result in massive payouts and the class members may not walk away with anything but a few dollars. A person with a good case can be better off from a payout perspective filing a personal suit.

 

[Taxing Matters]

What is the name of your state? New Mexico

First- am I correct that the above statement would and should be managed by a law firm as a class action suit?

There is no way to evaluate that on just the information provided. Whether there is a good cause of action at all, and if there is, whether it qualifies for a class action proceeding depend on a lot more facts than you've so far provided.

Second- As I have transcribed a logical presentation of what exactly is my complaint and the legal jeopardies that the MCO has placed itself in, I am concerned that a law firm could easily just take the ball and run with it recruiting some other patient as plaintiff and cut me out other than as a simple recipient of a mass payout should that occur. So, how should I protect against this and maximize my payout for the damages that I have suffered through and the great efforts that I take, along with opportunity costs, to pursue financial remedy?

If this is a matter that qualifies for the class action rule then you absolutely need to see an attorney. If you try to pursue it on your own the case will get tossed out because you are (presumably) not an attorney and thus cannot represent anyone but yourself in a legal proceeding. A class action necessarily means you'd be representing all the others similarly situated as well as yourself and that requires an attorney.

And while you've not said much about what these policies are, I think it very likely that you'd not get very pursuing even just your own single claim on your own (pro se). You first need to know if the policies about which you complain give you a good claim to bring against the defendant. It may be, for example, that while you don't like the policies and feel they are detrimental to you that the policies do not amount to any tort claim (negligence, malpractice, intentional harm, etc). If they do constitute some of kind of tort claim, then your next hurdle is getting a good expert witness who can testify that the policies are what are responsible for the harm you are facing and what future effects may be expected from those policies. You have to also determine how much in damages you might get from the claim. It may be that what you'd be eligible for by way of compensation would end up being less than what you pay to pursue the lawsuit in your own separate claim.

As a result, your first step here should be to see a personal injury lawyer about your own claim and also ask the question if it may qualilfy for a class action claim and, even if it does, whether you'd be better off pursuing your own separate claim rather than joining in any class action lawsuit. Most personal injury lawyers give free initial consultations, so you really only lose a bit of your time to meet with an attorney to find out what options there are, if any, to pursue against the company.

Note that being the lead member of a class action claim doesn't by itself entitle you to anything more in terms of compensation than any other class member would receive. As quincy already noted, the lawyer is going to want the class representatives to be the ones that will provide the lawyer with the best shot at winning something in the class action, and that might not be you.

 

[InventMe]

Exactly spot-on guidance that I seek. I will consult a personal injury lawyer as instructed, presuming that the record of an in-person sit-down would protect against, and preclude, an attorney from taking my provided notes/fact-sheet from pursuing the case as class-action for greater personal gain. Perhaps I should also mail myself a copy of said notes and leave envelope unopened. Please forgive my concern about this as I'm unfamiliar with the milieu of litigation and I do think such unscrupulousness improbable even without 'protections.'

I would indeed like to see changes to the problematic policies for the betterment of all patients. Would my winning a personal injury judgement serve sufficiently as case-law and force the defendants to change policy, or would it be necessary, and possible, to pursue class-action subsequently?

Thank you so much quincy and Taxing Matters, gentlemen and scholars.
I'll post an informative follow-up when the time is right after consultation and possible litigation.
Bests...

 

[quincy]

Exactly spot-on guidance that I seek. I will consult a personal injury lawyer as instructed, presuming that the record of an in-person sit-down would protect against, and preclude, an attorney from taking my provided notes/fact-sheet from pursuing the case as class-action for greater personal gain. Perhaps I should also mail myself a copy of said notes and leave envelope unopened. Please forgive my concern about this as I'm unfamiliar with the milieu of litigation and I do think such unscrupulousness improbable even without 'protections.'

I would indeed like to see changes to the problematic policies for the betterment of all patients. Would my winning a personal injury judgement serve sufficiently as case-law and force the defendants to change policy, or would it be necessary, and possible, to pursue class-action subsequently?

Thank you so much quincy and Taxing Matters, gentlemen and scholars.
I'll post an informative follow-up when the time is right after consultation and possible litigation.
Bests...

It might be important to note that, should your legal complaint actually be one that has numerous victims, in New Mexico or across the country, there can be several different lawsuits filed with several different plaintiffs. Some victims may want to opt out of any class action that is formed and pursue their own personal lawsuits.

And if injuries suffered by the various victims are significantly different from each other, these victims can sue as a separate group.

When you speak to personal injury attorneys (and it can be smart to meet with more than one), the initial consultations should be free. Even in these initial free consultations, however, there will be an attorney-client privilege. What you say to the attorneys you meet will remain confidential.

We will be interested in hearing updates about your legal action.