Filing a lawsuit against a company requires an understanding of a variety of different areas of the law. For instance, one must possess a knowledge of laws regarding legal theory, laws concerning civil procedure, and case law, to name a few.
As far as the process for filing a civil lawsuit against a company in Alabama, lawsuits typically proceed as follows:
- Legal Claims Are Identified: The first step in initiating a civil lawsuit against a company in Alabama is identifying and understanding the basis for your lawsuit.
- This means that you will need to identify and understand the legal theory that will serve as the basis for your lawsuit;
- Complaint Is Drafted: After you have identified the basis for your lawsuit, you will then need to actually draft your lawsuit.
- A lawsuit will include an outline of your legal claims and also name the defendant that you are alleging has caused you damages;
- Defendant Is Served: After filing your civil lawsuit, you must then properly serve the lawsuit on the defendant;
- Pre-trial Phase Begins: After your civil lawsuit has been served on the defendant company, the defendant will then have a period of time to file an answer/defense to your lawsuit.
- Generally, at this point in time, you will begin the pre-trial phase of your lawsuit, which includes conducting civil discovery and engaging in negotiations with the defendant in order to try and reach a settlement prior to the trial;
- The Trial Phase Commences: Finally, if you are unable to resolve your civil lawsuit prior to your trial date, your case will then proceed before a judge and/or jury.
A local attorney in Alabama will be most familiar with the entire civil process outlined above and be able to assist you from the beginning of the process to the end.
What Are the Reasons I Can Sue a Company For?
There are many different reasons why you may seek to sue a company in Alabama. Examples of common reasons that may serve as a factual basis for a lawsuit against a company in Alabama include:
- Wrongful termination issues, such as the company illegally terminating you based on a protected characteristic, such as your race, gender, or disability;
- Issues surrounding workplace harassment or other forms of employment discrimination, including workplace bullying;
- Wage and benefit issues, such as a company failing to timely pay you your wages or benefits;
- Issues involving a product of the company or a premises operated by a company causing you harm;
- Issues involving breaches of contract, such as the company breaching an employment contract executed between you or them;
- Any other issues involving a personal injury claim, such as you being injured as a result of an employee of a company injuring you.
What Types of Lawsuits Can Be Initiated Against a Company?
Numerous lawsuits may be initiated against a company in Alabama. Examples of common lawsuits that are filed against companies in Alabama include, but are not limited to:
- Personal injury lawsuits;
- Products liability lawsuits;
- Malpractice lawsuits;
- Premises liability lawsuits;
- Breach of contract lawsuits;
- Discrimination lawsuits;
- Nuisance lawsuits;
- Defamation or libel lawsuits;
- Lawsuits based on fraud.
One of the most common lawsuits filed against a company in Alabama is a personal injury lawsuit. Typically, a personal injury lawsuit is based on a negligent action of the company.
As far as the process for filing a personal injury lawsuit based on a negligence in Alabama, the plaintiff (i.e., the person alleging they were injured) must prove all of the following legal elements:
- First, the company owed them a legal duty of care.
- In general, a legal duty of care arises from either a relationship (such as an employer-employee relationship or doctor-patient relationship) or status (such as the status of being an invitee, licensee, or trespasser);
- Next, the company breached the duty of care that it owed to the plaintiff through an act of negligence;
- Next, the company’s breach of duty was the actual and proximate cause of the plaintiff’s injuries; and
- Finally, the plaintiff must show that they suffered actual and quantifiable damages as a result of the company’s negligent actions or inaction.
What Types of Companies Can Be Liable?
In Alabama, any company can be held liable for any action or inaction that violates federal, state, and/or local laws. For example, if a for-profit company, such as a corporation, limited liability corporation (“LLC”) limited liability partnership, or sole proprietor injures a person due to their negligence, they all may be held liable for their negligence.
Similarly, non-profit companies, such as charities or non-profit organizations, can also be held liable for their violations of the law or civil statutes. Government agencies may also be held liable.
How Do I Sue a Company for Damages?
The process of suing a company for damages is similar to the one outlined above. However, the exact process for suing a company will be dependent on your specific case and the type of lawsuit that you file.
Once again, typically, in order to sue a company for damages in Alabama, you must first draft a civil lawsuit. After drafting your lawsuit, you must file it in the proper venue. The appropriate venue is typically the district court in the county that you live in or the county in which you were harmed.
Once your lawsuit has been filed, you must then provide the defendant company notice by serving it on them. After providing proper notice to the company, the opposing party will then have a period of time to file an answer to your civil lawsuit.
After the company’s answer period has passed, your lawsuit will then continue based on Alabama’s civil laws and procedures. Finding a lawyer to sue a company on your behalf is often necessary in order to ensure that you follow the proper civil process and avoid having your lawsuit dismissed.
How Long Do I Have to File a Lawsuit Against a Company?
It is important to be aware of certain deadlines when filing a lawsuit against a company. These deadlines are known as “statutes of limitations.” The statute of limitations is defined as the time period that you have to commence a lawsuit before you are barred from later bringing the lawsuit.
The exact deadline for your personal case will depend on the basis of your specific case. For instance, the personal injury statute of limitations in Alabama is two years and can be found in Alabama Code § 6-2-38(l).
Typically, the Code provides that the “clock” for filing your personal lawsuit starts on the date of the accident or incident that led to the injury. At that point, you have two years from the date to commence your lawsuit. Then, if you fail to commence your personal injury claim within the prescribed time frame, you will be barred from later bringing your civil lawsuit against the company.
What Kind of Lawyer Do I Need to Sue a Company?
You may be experiencing any legal issues or have suffered damages related to a company in Alabama. In that case, it is in your best interests to consult with an experienced Alabama business lawyer. An experienced business lawyer will be the most knowledgeable regarding all of the laws of the state. You can use LegalMatch to help you find the right lawyer for your case.
An attorney will also be able to help you determine the best course of legal action in order to recover your damages or resolve your legal issues. They will also be able to answer any questions that you may have. Finally, an attorney will also be able to help you initiate your lawsuit and represent your interests in court, should a trial or other in-court action be necessary.
