Disneyland has shut down its cooling towers after several allegations that its visitors contracted Legionnaires’ disease. Orange County health officials announced that nine people who had visited the park developed the disease.
If you visited Disneyland and contracted Legionnaires’ disease, you may have the right to file a class action lawsuit against Disneyland.
What Is Legionnaires’ Disease?
Legionnaires’ disease is a severe form of pneumonia – lung inflammation usually caused by a bacterial infection known as legionella. It’s not contagious from person-to-person. Instead, many people get it by inhaling the bacteria.
How to File a Class Action Lawsuit
A class action lawsuit involves many plaintiffs who have suffered the same injury or illness due to the negligence of one party, and then, together, file a lawsuit against a corporation, person, or other entity. The group of people then claim that the defendant is responsible for causing the harm that they all suffered. The group of people, in legal terms, is called the “class” – hence the term, class action lawsuit. A class of people is taking legal action against a separate entity.
A class action lawsuit is the best option for suing another party when there are some potential plaintiffs to include every single claim as a separate personal injury lawsuit. One or a few of the plaintiff take care of the legal process of actually filing the lawsuit and conduct the litigation, while the other plaintiffs are only contracted so that they know how to receive their share of the compensation or opt out of the lawsuit (i.e., not participate in the results of the case, which then quits them from receiving any compensation).
If the defendant wins the case or reaches a settlement, everyone who legally participated in the trial, the defendants will all be given a percentage of the damages. Additionally, if there were too many victims involved and it was impossible to contact everyone, a fund is created and accessible to anyone who can demonstrate they were affected by the defendant’s actions.
Filing the Lawsuit: The best way to file a successful class action lawsuit is to hire a qualified personal injury attorney who has experience working with such lawsuits. Class actions lawsuits are intricately complex, and if the defendant is wealthy (as Disney is), they will be able to hire some of the best attorneys in the world and will provide an excellent defense for the other side. Out attorneys at Normandie Law Firm can construct a case necessary to prove the defendant acted negligently and caused the injuries that you and other suffered.
Trying to file a class action lawsuit alone or with an under-qualified attorney will end badly. They will likely be outmatched and overwhelmed by the sheer number of procedural requirements and by the points of the other attorneys. Our attorneys have years of experience when it comes to filing and winning class action lawsuit.
Certifying the Class: Once your attorney has filed a class action lawsuit and served the defendant, a court must confirm or legitimize the class. Normally, the court will initiate the certification process, or the plaintiff will file a motion to have the class certified before anything before the case can proceed. In order to verify the case, the plaintiff must prove the following statutes:
- The representative of the plaintiff party (the ill or injured client) has suffered the same or similar injuries as the proposed class; (Since the case has not started, the allegations are assumed to be true for the purposes of certification.)
- The class can be categorized distinctly enough to determine who is and is not a member of the class. I.e., It is easy to determine whose illnesses was caused by the defendant;
- The number of class members makes filing individual lawsuits impractical and illogical. 40 or more is generally enough, while 21 or fewer is not enough);
- A common sets of facts, observations, or legal interest underlies all the members’ alleged injuries;
- That all of the cases are so similar to one another, that the one representative plaintiff’s claims will adequately fulfill everyone’s legal need;
- A class action lawsuit is the most efficient way of resolving claims, either for the plaintiffs or the defendants.
Getting approved for your class is not just checking the right boxes. The judge is allowed to exercise a fair amount of discretion, and the arguments for and against certification can be quite complex, and if you do not have the right attorney by your side, the judge may not grant you the certification for the class. If the class is not certified, the case is dismissed.
If, however, the case is certified, the pre-trial procedures commence. A certified class does not that the judge thinks the defendant is guilty, or that the injury is likely to find the defendant liable for the injuries or illnesses that were allegedly incurred, but it does mean that the case can proceed onto the next phase and that the defendant is threatened with an actual lawsuit.
The Normandie Law Firm Can Help Represent You
In order to stand a chance at certifying your class and then presenting the necessary arguments to prove your case, you need a qualified attorney by your side. The Normandie Law Firm’s attorneys are skilled and experienced in matters of dealing with class action lawsuits. Our attorneys can help win your case and get you the compensation that you and the other victims of Legionnaires’ disease contracted at Disneyland.
FREE LEGAL CONSULTATION: The Normandie Law Firm is here for the client first. To show that we are here for you, we offer free legal consultation to all of our clients. Free legal consultation gives you the opportunity to sit down with one of our attorneys and explain the details of your case. Our qualified attorneys will give you their initial thoughts and answer any questions you may have regarding the legal process to file a lawsuit against Disney and the intricacies of filing a class action lawsuit. This comes to you with no financial obligation because we want you to have all of the information possible before making a decision regarding your legal representation.
In addition to free consultation, we also offer the zero-fee guarantee to truly demonstrate that justice is our main prerogative. The zero-fee guarantee means that you will only pay for our services if we, as lawyers, do our job well and prove your case and get the compensation that you deserve. In other words, you will not pay for our legal services if we are unable to do our job and prove your case. From the first day until the last, and only if we win, you will not pay us a cent. This is because we know it is unethical to demand payment from a client who seeks restitution.
If you or a loved one contracted Legionnaires’ disease after being exposed to the cooling towers in Disneyland, then you have the right to file a lawsuit and collect compensation for the damages incurred. Contact our LA law firm today to see what we can do for you.
