Frequently Asked Questions

Class Action – Frequently Asked Questions

Q. What is a class action?
A. A class action is a type of lawsuit that allows a person to initiate and prosecute a representative lawsuit on behalf of other similarly situated persons. It is frequently used when numerous people have been similarly affected by someone’s unlawful conduct.

Q. What does it cost me to join a class action lawsuit?
A. Generally, there is no out-of-pocket cost to any class member regardless of the outcome. Your legal representatives primarily work on a contingent fee basis, where the representatives pay all costs and expenses. If the Concussion Matters legal team is successful in obtaining a recovery on behalf of class members, it will ask the court to award the team fees and expenses from the recovery. The amount of the fee award will depend on a number of factors, including the size of the recovery and the duration and complexity of the litigation.

Q. I was never formally diagnosed as being concussed; am I part of the class action lawsuit?
A. Yes. If you are a sportsperson and you suffered an injury to the head while playing sport, or were later diagnosed as suffering from a brain disease, then you are a putative class member for whom we are trying to seek a recovery. If the Concussion Matters team is successful, you will be eligible to share in the recovery.

Q. Will more than one legal team be involved?
A. It is typical in class action lawsuits that several legal teams will file similar complaints. This is simply because different plaintiffs contact and retain different legal teams to pursue the same matter. Generally, the cases will be consolidated and heard by the court as one lawsuit, with each of the legal teams participating on behalf of their clients in a capacity to be determined by the court.

Q. What is a class representative?
A. A class representative is a person, group of persons, or entity that is appointed by the court to represent the interests of all class members. The class representative works with the court-appointed lead counsel in determining how the litigation should proceed and eventually be resolved.

Q. Why should I apply for class representative status?
A. The class representative is a proactive member of the plaintiff class who acts as a representative party in a fiduciary capacity for all of the other class members. He/they are the client(s) with whom counsel will consult during the litigation. Class representatives are appointed by the court at the class certification stage of the case.

Q. How long will the lawsuit take before it is resolved?
A. Each case is different; however, a typical class action may take 2-3 years.

Q. What is a claim form?
A. A claim form is the court-required document that all class members must file to participate in a court-approved settlement. If you seek participation as a named plaintiff in a lawsuit or a class representative, this document will be mailed to you with a settlement notice.

Q. What is a settlement notice?
A. A settlement notice is a notice approved by the court following preliminary approval of a proposed class action settlement which describes the terms of the settlement and outlines the rights of the class members under that settlement.

Q. How much money will I receive?
A. The damages paid to class members depends greatly on the interest of the class members in the suit as well as the agreed settlement or court-ordered judgment.

Q. Will I have to testify?
A. Probably not, unless you are named as a plaintiff in a lawsuit or the court appoints you class representative. The named plaintiff(s) and class representative(s) generally testify on behalf of the class.

Q. I currently live outside of Australia. Can I still participate?
A. Yes, as long as you are were participating in sport within Australia when your concussion/head injury occurred.