You may get more in damages—if the judge rules in your favor—but let’s say the defendant loses and decides to appeal the decision. The appeals process could take years, so it will be a very long time before you and the other plaintiffs receive any payout. In the meantime, the defendant could declare bankruptcy, and which would leave your case dead in the water—you could never see one dollar out of it.
I’d say if you have a good Kentucky class action attorney and the defendant is eager to settle at an acceptable amount, then settle. Get it over with, and put the money in the bank or pay off bills.
If the amount is unsatisfactory, though, or if the defendant has shown significant disregard for the health, safety, or emotional well-being of the plaintiffs, take him to court! If you don’t mind taking the chance and waiting a while for the payoff, you will be much more satisfied taking him to court, where his disdain for customers will be spotlighted and—one hopes—punished. Punitive damages can be quite high in these situations.
If you believe you should pursue a class action lawsuit in Kentucky, call the Louisville class action attorneys at Gray and White Law at 502-210-8942 or toll free at 888-450-4456 and set up a FREE, no-obligation, confidential consultation.