This blog will discuss class action lawsuits and how a plaintiff can find a class action attorney in Kansas City to help them determine if they have a class action case.
What is a class action lawsuit?
Put simply, a class action lawsuit is brought on behalf of several people with similar injuries because of a defendant’s conduct.
Rather than litigating each individual lawsuit, which could result in hundreds or thousands of lawsuits, the plaintiffs join into one class action lawsuit, with one or more individuals fairly representative of the “class of plaintiffs” effectively litigating their claim on behalf of the class.
For a class action to be brought, the issues must be substantially the same for each class member. This means that:
- All persons must have suffered a similar injury as a result of the defendant’s conduct.
- The defendant’s conduct must be similar to the conduct that caused injury to each individual.
Why Class Action Lawsuits Exist
Class action cases allow multiple claimants to bring their case forward, where otherwise it may not be financially viable for a lawsuit to be brought individually.
Example: Hidden Subscription Fees for a Cable Subscription Service
If a person has been overcharged $40 for their cable subscription, it may be easy enough for that one person to call the company and receive reimbursement. However, if that company intentionally or surreptitiously overcharges customers regularly, those people may be unable to recover their fees without litigation.
In that case, a law firm may hesitate to take on a large company in serious litigation to recover $40. But if there are many individuals who have been similarly impacted, it may allow for a claim to be brought on behalf of all of the injured individuals to pursue the claims on behalf of everyone.
In this example, a class action lawsuit would provide an avenue for claimants to have their day in court, where otherwise it may not be financially viable for a lawsuit to be brought on an individual basis.
How Class Action Cases Work
A class action claim, in some respects, is no different than pursuing any other litigation on behalf of a single individual; an attorney must gather evidence to prove the plaintiff suffered harm due to the defendant’s conduct.
However, a class action attorney in Kansas City must also gather additional evidence to prove that the defendant’s conduct resulted in similar harm to each member of the class. So, while litigating a class action, an attorney must prove the individual’s claim without operating so narrowly to have the litigation only apply to the individual representative as opposed to all of the class members.
Frequently Asked Questions About Class Action Cases
What is a class?
A class is the group of individuals that have suffered substantially similar harms as a result of the defendant’s conduct.
What is a class certification?
In order to pursue a class action, the class must be certified. This in essence means that the judge determines the claims are substantially similar, common, and typical of the defined class members. Further, this means the judge determined that pursuing the claims on an individual basis could create inconsistencies or inequities, and that it is practical to join the claims of the class members.
Once the certification is granted, it signifies that the judge is allowing the case to continue as a class action.
What industries or situations commonly experience class action lawsuits?
Class action lawsuits are common in the following industries:
- Securities
- Pharmaceutical and drug manufacturing
- Consumer protection matters
- Mass casualty events or accidents
How do I join a class action lawsuit?
This will depend on the type of class action lawsuit. Some class action lawsuits require plaintiffs to opt in and choose to join the case. Other class action lawsuits don’t require plaintiffs to opt in but do require them to take steps to claim their respective portion of the awarded proceeds.
How does hiring a class action attorney in Kansas City benefit plaintiffs?
Potential plaintiffs often do not know that they have been harmed in a manner that could give rise to a class action lawsuit; they simply know that they have been harmed. Hiring a class action attorney can help:
- Evaluate the plaintiff’s situation
- A plaintiff take measures to defend and protect their rights
- Determine if a plaintiff is similarly situated to other harmed individuals
What to Look for in a Class Action Attorney in Kansas City
Choosing a class action attorney in Kansas City is an important decision. Class action cases involve many plaintiffs and require experienced class action lawyers to litigate. A plaintiff will likely benefit if they look for an attorney with the following qualities:
Experience Litigating Class Action Cases
Not every attorney has the experience to handle class action cases. Class actions require attorneys with experience handling complex litigation, the resources to be successful, and the zeal to advocate in this challenging arena.
Substantial Resources and Structure
Class action cases are a team effort that requires the expertise of class action attorneys and legal support staff.
For example, class action lawsuits typically involve hundreds or thousands of claimants. As a result, there are significant logistical considerations, which, in turn, require considerable resources to manage.
A plaintiff will benefit by partnering with experienced attorneys who have litigated class action lawsuits before. These attorneys will already have the necessary structure in place and the resources needed to sustain support through the case.
Compatibility and Trust
Plaintiffs will likely benefit from working with a class action attorney in Kansas City who is honest, ethical, and experienced. A plaintiff could end up working with their attorney for years. Therefore, a plaintiff should feel comfortable about the partnership and confident that their attorney can handle the class action case before beginning to work together.
Experience to Pursue the Claim
An attorney should advocate for their plaintiff, protect their rights, and work hard to help their plaintiff receive compensation for the harm they’ve experienced. Feeling confident about the class action attorney in Kansas City’s class action experience is often an invaluable part of the process.
Drive to Litigate the Plaintiffs’ Case
When a class action attorney in Kansas City decides to litigate a class action case, they agree to devote the time, resources, and focus necessary to achieve the best possible result for their plaintiff and the class.
Before selecting a law firm, it’s best to ensure a class action attorney is willing to work with clients to evaluate the potential costs, risks, and rewards before commencing litigation.
Contact Bartimus Frickleton Robertson Rader if You Need an Experienced Class Action Attorney in Kansas City
If you think a defendant has harmed you and may have harmed others, finding an experienced class action attorney in Kansas City to handle your case is essential. Our firm has represented hundreds of thousands nationwide in different types of class action litigation, ranging from mass consumer fraud to unfair billing practices.
For example, Bartimus Frickleton Robertson Rader successfully represented a nationwide class of AT&T Mobility customers against AT&T Mobility. The case claimed that the telecommunications giant improperly charged and collected sales tax on internet access services from its customers.
After the United States District Court for the Northern District of Illinois appointed our firm lead class counsel, Bartimus Frickleton Robertson Rader negotiated the settlement of one of the largest consumer class-action cases in U.S. history, with $912 million being recovered on behalf of the class. Our aggressive but cooperative approach to this litigation resulted in an excellent resolution for all parties.
When representing clients in a class action lawsuit, we devote the time, resources, and experience to get the best possible result. Our attorneys are dedicated to investigating cases the right way—by methodically working through each case to seek justice and get you the highest possible reward.
To get in contact with an experienced class action attorney at our firm today, use our virtual case tool or contact our office at (913) 266-2300 to speak with one of our team members.
The above is not intended to be legal advice. Each individual case is different and must be analyzed on its own set of facts and circumstances. If you believe you may have a case, it is critically important that you timely contact a lawyer to ensure your rights are protected.
