Were you excluded from a settlement? You may still be able to sue.
If you’ve been following our news section, you know that we recently had a huge victory in a case against VW. You may have seen other massive settlements in the news and wondered if you should have been included as a part of those settlements. In some cases, when a class action lawsuit settles, you cannot sue for the same claim after the fact. Ever received one of those letters about a class action suit that requires you to either respond or opt out of the settlement? If you don’t do either, you may be left without recourse.
However, in some cases, the settlement excludes certain people because the defendant claims those people didn’t actually suffer harm. Our VW lawsuit is a perfect example: VW settled a bunch of fraud claims but claimed our plaintiffs didn’t suffer harm as a result of that fraud so they were excluded from those settlements. Because our plaintiffs did actually suffer harm and were excluded from the settlement, they still have a course of action.
If you’ve suffered harm and been excluded from a settlement on the basis that you did not actually suffer harm, don’t stop there. It’s not up to the defendant to decide who did and did not suffer harm as a result of their actions – simply because they choose to exclude you from a settlement does not mean you are not entitled to recover monetary damages.
To recover if you’ve been excluded from a settlement, you must:
- be able to show that you suffered harm from the actions of the defendant, and
- were wrongfully excluded from the settlement.
This can be difficult, but not impossible to show. If you think this has happened to you, talking with an attorney as soon as possible is extremely important – one wrong step and you could waive your right to recover against the company.
If you’re facing an issue and fighting against a company because of harm they’ve caused you, give us a call. We have the experience and knowledge to fight for what you deserve and will walk you through the process, step by step.