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Class Actions in Kentucky
It's not always cost-effective to sue a company that's wronged you. Often, you run the risk of paying more in legal fees than you could hope to win in damages. That's why victims often turn to class action lawsuits, which consolidate many people's claims against a company into a single case that's heard in Kentucky court, another state's court or federal court. A class action lawyer can tell you if you have a viable class action lawsuit.
Class action litigation is most frequently used to resolve disputes related to:
- Labor and employment issues
- Securities fraud
- Defective products (including defective drugs and medical devices)
- Environmental toxic torts
- Financial fraud
- False and misleading advertising
Things to Know Before Hiring a Class Action Lawyer
Not every legal dispute qualifies for class action status, and not every lawyer is qualified to represent plaintiffs in a class action. Before you hire a class action lawyer, here are four important things to know:
- Kentucky court rules require a class action to meet four conditions before it can be certified, or permitted to proceed. According to the Kentucky Rules of Civil Procedure, "one or more members of a class may sue or be sued as representative parties on behalf of all only if (a) the class is so numerous that joinder of all members is impracticable, (b) there are questions of law or fact common to the class, (c) the claims or defenses of the representative parties are typical of the claims or defenses of the class, and (d) the representative parties will fairly and adequately protect the interests of the class."
- Just because you initiate a class action lawsuit doesn't necessarily mean that you'll be present in court and have to testify. The court must approve your designation as the representative party. You may not be allowed to serve as the representative party if the court feels that your claims are not typical of the claims of other members in the class.
- When meeting with class action attorneys, ask how much experience they have filing class action lawsuits, trying class actions in court and attempting to negotiate class action lawsuits. Have the lawyers previously tried similar class action lawsuits, and what was the outcome? An attorney who primarily represents victims in employment class actions, for example, may not be the best choice to handle a defective drugs class action.
- Lawyers who represent class action plaintiffs typically charge a contingency fee, meaning the attorney only gets paid if the plaintiffs win the case or the case is settled in the class's favor. Because class action lawyers will be footing the bill until the case is resolved, most will only accept new cases where they believe there is a reasonable chance of success.
Find & Hire Local Kentucky Class Actions Attorneys
Whether you live in Louisville or Lexington, Bowling Green or Owensboro, or elsewhere in Kentucky, Attorneys.com offers a free service that can help you locate class action lawyers in your area. Call us today at 877-913-7222 or complete the form on this page to get matched with a local lawyer.