How Do You Sue A Company?

If you feel you have been wronged by a company, you may be able to pursue legal action.

So, how do you sue a company anyway?

Before you decide to sue a company, there are several things to consider.

For starters, you may want to consider discussing the problem with the company directly before pursuing legal action. If that’s simply not possible, it’s important to consider how much pursuing legal action will cost you, as well as how much it may cost you if you ignore it.

Take a look at this article if you’re considering filing a lawsuit against a company.

How Do You Sue A Company?

When a business harms you in some way, you can write an angry letter to the owner.  Or you can bring a lawsuit and get financial compensation for your loss.  You have to make some decisions on how to go about it and you should probably consult with an attorney but going to court may be your best solution.

The attorney can give you advice about how complicated the case will be and whether you should even sue. Generally, you can hire an attorney in a personal injury lawsuit or discrimination lawsuit without having to pay fees. The attorney will represent you on contingency, meaning he or she gets paid only if you win.

There are alternatives to suing. You can just talk it through with the company. You can agree with the company to go to arbitration. There is always hope of a settlement or at least a compromise. And some contracts specifically state that mediation is the way disputes will be handled. This basically eliminates the court option.

If you do decide to go ahead with a lawsuit, there are some things you need to figure out and some things you need to do. Contacting your insurance company might be appropriate in some cases. They might pay for your damages or work with the company you are challenging to have its insurance company pay.

Before starting the legal process, you should collect as much information as possible about the situation. Make notes about what you remember. Take photos, especially if you were injured at work or in a retail store where you were shopping. Also take photos of your injuries, if any, because visible surface injuries may fade over time and you may need immediate medical attention for more serious injuries.

Take photos from different angles and under different lighting conditions and write the dates on the back of printed photos (or use the time stamp from your camera if available).

If there are witnesses, either participant of an accident or onlookers or other employees if the event happened at work, get their contact information. You can ask them to sign affidavits, which are sworn and written testimonies of what they saw.

If you suffered a physical injury, you’ll need to have medical documentation for possible use in court. Request copies of emergency-room admissions charts, any doctors’ notes, test results, and the doctor’s diagnosis and prognosis. Take note of any treatments or medications you had to take. And keep copies of any medical bills.

Where and When to File

One of the first steps in a corporation getting sued is to decide where to file the lawsuit. It can be either state or federal court, depending on the type of dispute. State courts handle criminal cases, torts or personal injuries, and contract law. So, a breach of the contractor’s workplace accident would be handled at the state level.

Federal courts handle bankruptcy, constitutional law and other issues related to U.S. law. Charges of an equal rights violation or discrimination would be filed in federal court.

You can file in small claims court if your case is relatively small. In the U.S., each state has a small claims court that handles smaller matters but has different limits on the maximum amount claimed. Some states allow dollar amounts up to $15,000. In California, you can seek compensation of up to $10,000, but businesses can seek claims for only up to $5,000

Dollar amounts sought: Small claims courts are often associated with plaintiffs who seek very small awards, although some states allow dollar amounts of up to $15,000. In California, for example, individuals can seek amounts up to $10,000, but businesses can pursue small claims cases only for up to $5,000.

You can sue only in a court that has jurisdiction over the company you are suing. With some exceptions, you can usually sue the local state office of a company where the claim occurred.

Each state has its own statute of limitations for when you have to file. Usually, if you file within one year, you’re alright. Filing later than the statute of limitations allows will generally result in your case not being heard.

Serving Notice

Once your complaint is filed with the court, a copy of that complaint is delivered (called service of process) to the defendant. Your complaint outlines the reason for the lawsuit and describes the terms you are seeking to satisfy the complaint.

Once the defendant company receives your notice and has reviewed your complaint, it has the option to acknowledge its error and settle out of court or make restitution to you without going through the court system. Failing to do so means you continue your plan to go to court.

As the legal process continues, you and the defendant must go through a “discovery,” a pretrial phase where both sides provide information supporting their case and ask for information from each other. This information is whatever each side think is important and relative to its argument.

Examples might include pay stubs or time cards to show hours worked or hiring applications that show hourly vs. salaried status. It is possible that the evidence shared will lead to a settlement that satisfies both sides.

Evidence may also include testimonies from witnesses, the documents and records you collected, and answers to interrogatories – written questions you asked of the other side that were answered under oath.

Court Protocol

Make sure you show up at court for the appointed times. Dress professionally and be prompt. Do some homework ahead of time to prepare for your appearance.

Visit a couple of other court hearing to see what they are like and how people behave. Learn the court protocol. If you are in small claims court, there may be an online guide you can study in advance.

The judge may rule in your favor, and then it’s up to you to collect that judgment from the defendant. There are special rules that apply if the company has filed for bankruptcy, so you should consult with an attorney if that is your situation. You or your attorney can ask for a financial discovery hearing where you can ask the defendant company about its finances. Cases involving lawsuits against corporations are better managed with attorney assistance.