Call Today 316.688.1166

Do I Have Grounds to File a Class Action Lawsuit?

Definition of Class Action

First things first—what is a class action?

A class action is a lawsuit that a group of consumers collectively brings against a company, group, or organization. If you individually decide to sue a company or group, this is not considered a class action, though your reasons for bringing a suit may be identical. However, when a group of consumers who have been similarly injured or harmed by a company product or practice (including discrimination) decides to sue jointly, this is considered a class action.

How to Know if You Have a Solid Case

If you don’t have a viable class action, filing a lawsuit will be more disappointing than restorative. However, with the right elements in place, you may be able to successfully hold a company or organization responsible for the damage and personal harm they have caused you. In order for your class action suit to have a shot at success, you and your lawyers will need to prove that the following are true:

  • You had some sort of contract with the offending party. When you see the word “contract,” don’t worry—written agreements aren’t the only kind a court may consider contractually obligating. Oral agreements and circumstantial details will also be taken into account.
  • The offending party breached the terms of your agreement. Whether an organization failed to abide by its own anti-discrimination policy, performed sub-standard work, or knowingly sold harmful products, it is important to demonstrate that someone directly violated a mutual understanding of sorts.
  • You fulfilled your end of that agreement. This can be as simple as paying for work that was never done, purchasing faulty products, or otherwise being fully cooperative with the offending party. This element typically does not create an issue for plaintiffs in class action suits.
  • You have suffered direct, personal harm as a result of the offending party’s breach of contract. If you have lost money, been physically hurt, or suffered any other sort of damage as a result of a group’s violation of their agreement with you, you may be able to sue and be compensated for those damages.

Another important element of a viable class action is suing someone who can pay out damages. Even if you have rallied a group of fellow disgruntled consumers and suffered serious harm, it will not be worth the time and effort to get a court judgement against someone who does not have the funds to compensate you for damages. However, there are some alternatives to direct, immediate payment that could keep the offending party on the hook for your damages.

Get the Help of an Experienced Wichita Class Action Lawyer Today

If you aren’t sure whether or not you have a viable case, don’t back down until you’ve met with a member of our legal team at the Hutton & Hutton Law Firm, LLC. We know how to spot a viable class action when we see one, and we’re happy to meet with you to discuss the details of your case right away.

Schedule your free consultation here or call (316) 313-4730 today.

Categories: