Opting Out of Class

Our experienced legal team will fight to make sure you get the compensation and justice that you deserve. Contact us today for a free case evaluation.


Opting Out of Participation in a Class Action Lawsuit

Why You May Want to Consider Opting Out | How It Affects Your Rights

A class action lawsuit can offer a number of benefits, but your participation in such a lawsuit can also come at a cost. It’s important to understand that, with respect to the class action, you have a number of options:

  • You can elect to participate as a member of the class
  • You can choose to “opt-out” of the class, hire your own legal counsel, and file a separate lawsuit
  • You can decide to opt-out of the class action and do nothing

Reasons for Participating as a Member of a Class Action

A class action can offer a viable way to pursue damages when your claim is relatively small, and might not be worthwhile on its own. You may not choose to take legal action for $500 claim, but if there are a thousand others with same claim, you now have an aggregate claim of $500,000. A class action allows you to pursue your smaller claim without having to assume full responsibility for things like filing fees and other costs of litigation. In a class action, you can also benefit from the “strength in numbers” argument. Your attorneys may find it easier to convince a jury of wrongdoing if a large number of people had the same experience.

Why You Might Want to Opt Out of a Class Action

As a general rule, unless you affirmatively opt out of a class action, you will be included as a member. Typically, when you receive the initial notice of the class action, it will include instructions regarding how to opt out—note that there will usually be a cut-off date by which you must opt out.

There are a number of reasons why you may choose not to participate in a class action:

  • If your losses were significantly more than other members of the class
  • If the facts of your case were different and you are concerned that the class action might not address all your interests
  • If you lack confidence in the attorneys or lead plaintiffs in the case

Contact Our New Mexico Employment Lawyers at Buchanan Law Firm, LLC

At Buchanan Law Firm, LLC we have protected the rights of individuals in employment law and personal injury claims for more than 20 years. Attorney Deena Buchanan brings extensive local knowledge and experience to every case she handles, with a thorough understanding of the laws and the court system in New Mexico. A trial lawyer with decades of hands-on experience handling complex legal issues, she’s known for her poise and composure in even the most pressure-packed situations. Deena has extensive experience in both the state and the federal courts.

A Buchanan Law Firm, LLC we understand that every legal matter offers a distinct set of facts and circumstances. We’ll listen carefully and ask the right questions so that we can learn the details of your case, and tailor our counsel to get the results you seek. We offer free case evaluations for employment law cases. Call our office at 505-900-3559 or send us an e-mail.

We are available to meet with you outside of work hours, if necessary. All major credit cards are accepted.

Call us today to schedule a free consultation with my team. We fight for our clients throughout New Mexico from our Albuquerque office.

Call Today
My Promise to You

We Prepare Each Case for Trial

We prep every case as if it will be going to trial. There is no better way to make sure you get the compensation that you deserve than to be ready to fight for you and exhaust all legal remedies. Some firms shy away from trial, we embrace it.

This is a Team Effort

We recognize that every legal matter is different. We’ll listen carefully to learn the details of your situation, as well as your goals. We’ll keep you involved and informed at all times, making certain you know where you stand, what your options are, and your likelihood of success.

We Will Be Straight With You

Whether it is about the value of your case, or how good or bad the evidence is, we will tell it to you straight. We want to help you make the best decisions about your case by giving you the information you need.

Notable Case Results

We have recovered tens of millions of dollars for our clients.

Let's Get Started

We're ready to fight for you. We're ready to be your ally and we are ready to begin right now. Don't waste another day, contact our law office today.
We understand that serious injuries do not happen only during normal business hours which is why we are always available to help if you have been injured. Our team is available around the clock to take your call and provide the support that you need.