Filing a lawsuit against a company in Arkansas requires you to understand many different areas of the law. For instance, you must understand Arkansas’ laws concerning civil procedure, case law, and numerous other civil laws and statutes.
As far as the process for filing a lawsuit against a company in Arkansas, the process generally proceeds as follows:
- Identify Your Legal Claim: The first step you need to do when initiating a civil lawsuit against a company in Arkansas is to determine the basis for your lawsuit, which requires you to understand and be able to articulate your legal claims and the legal theory your claims are based on;
- Draft and File Your Complaint: After you identify the basis for your lawsuit, you will then need to draft your lawsuit, which will require you to name the company that is allegedly responsible for your damages;
- Serve Your Lawsuit: After filing your civil lawsuit, you then must serve the lawsuit on the defendant in order to provide them legal notice of your lawsuit;
- Pre-trial: After your civil lawsuit has been served on the defendant, the defendant will then have an opportunity to file an answer/defense to your claim.
- Generally, at this point in time, settlement negotiations with the defendant will begin in order to try and reach a settlement prior to the trial.
- Pre-trial motions may also occur at this point in time, such as motions to dismiss your claim, etc.;
- Trial Phase: Finally, if you are unable to resolve your lawsuit with the defendant prior to trial, your case will then be set before a judge or jury for a formal hearing on your claims and the defendant’s claims if they have filed any counterclaims.
A local attorney in Arkansas will be most familiar with the entire civil process regarding drafting, serving, and proceeding with your civil lawsuit against a company. An attorney will also be able to assist you with the complete pre-trial phase of your lawsuit, including helping you gather evidence to support your claims.
What Are the Reasons I Can Sue a Company For?
There are many reasons in which a company may be sued. Examples of common reasons which may serve as a basis for your claims against a company include:
- Issues involving wrongful termination, such as a company illegally terminating you based on a protected characteristic;
- Issues involving workplace harassment or other forms of employment discrimination, such as being denied a position or promotion based on your age or another protected characteristic (race, gender, etc.);
- Wage and benefit issues, such as a company failing to timely pay your wages or provide you with promised benefits;
- Issues involving breaches of contract, such as the company breaching your employment contract that you executed;
- Issues involving a personal injury claim, such as a company injuring you by failing to maintain a safe premises, creating a defective product, or an employee injuring you, etc.
What Types of Lawsuits Can Be Initiated Against a Company?
There are many different types of lawsuits that may be initiated against a company. Examples of common lawsuits filed against companies in Arkansas include, but are not limited to:
- Personal injury lawsuits, including actual injuries against your person and property damage;
- Products liability lawsuits;
- Malpractice lawsuits;
- Premises liability lawsuits;
- Breaches of contract lawsuits;
- Workplace discrimination or harassment lawsuits;
- Nuisance lawsuits;
- Defamation or libel lawsuits;
- Lawsuits based on fraud, including tax fraud lawsuits;
- Lawsuits based on any other violations of civil statutes.
One of the most common lawsuits that are filed against companies are personal injury lawsuits. Personal injury lawsuits are generally based on the theory of negligence. When filing a personal injury lawsuit based on a negligence in Arkansas, the plaintiff (i.e., the person alleging they were injured) must typically 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 due to either a relationship (such as an employer-employee relationship or doctor-patient relationship) or the status of a person (such as their status of being an invitee, licensee, or trespasser at a company’s premises);
- Next, the plaintiff must demonstrate that the company breached the duty of care that they owed to the plaintiff;
- The plaintiff must then show that the company’s breach of duty was the actual and proximate cause of their injuries; and
- Finally, the plaintiff must demonstrate that they suffered real damages as a result of the company’s negligent actions or inaction.
- If the plaintiff cannot demonstrate they suffered quantifiable damages, then their lawsuit will likely be dismissed for failure to state a claim upon which relief may be granted.
What Types of Companies Can Be Liable?
In short, any company can be held liable for violating federal, state, and/or local laws. For example, if a for-profit company, such as a corporation, limited liability corporation (“LLC”) or limited liability partnership (“LLP”) violates a civil statute and injures another party, then they may be held liable for those violations.
Additionally, non-profit companies, such as charities, can also be held liable for their violations of civil laws and statutes. Further, governmental agencies may also be held liable, similar to holding a company liable. However, governmental companies may have governmental immunity that will need to be navigated around before they are sued.
How Do I Sue a Company for Damages?
The process for suing a company for damages was discussed above. Once again, in order to sue a company for damages in Arkansas, you must first draft a civil lawsuit. Then, you must file that civil lawsuit in the proper venue and pay any court filing fees.
Once your lawsuit has been filed, you must then serve the lawsuit on the company to provide them with legal notice. Generally, a company will have a registered agent that accepts civil lawsuits on behalf of the company. That information can be found in the company’s Certificate of Organization filed with the Arkansas Secretary of State’s Office.
After serving the opposing party, they will then have a period of time to file an answer to your civil lawsuit. Your lawsuit will then continue based on Arkansas’ 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 You Have to File a Lawsuit in Arkansas?
Arkansas does have certain deadlines that you must adhere to when filing a lawsuit against a company. These deadlines are known as “statutes of limitations.” The statute of limitations is generally defined as the time period that a person has to commence a lawsuit before they are barred from bringing the lawsuit.
The exact deadline for your personal case will depend on the basis for your specific case. According to the Arkansas Code § 16-56-105, Arkansas’s statute of limitations for personal injury cases is generally three years. This means that people have three years from the day of their accident to file their lawsuit.
As such, if you fail to commence your personal injury claim within three years, you will then be barred from later bringing a civil lawsuit against the company. Importantly, there are some exceptions.
What Kind of Lawyer Do I Need to Sue a Company?
If you have suffered an injury or damages as a result of a company in Arkansas, then it is in your best interests to consult with an experienced Arkansas business lawyer. At a consultation with an experienced business lawyer, the attorney will be able to help you determine your best course of legal action and answer any questions that you may have.
Further, an attorney will also be knowledgeable about Arkansas’ civil procedure laws. As such, an attorney will be able to represent you throughout the entire legal process should you choose to hire them to assist you in your lawsuit. Attorneys are very useful in helping you negotiate and reach a settlement with the company. Finally, an attorney will also be able to represent your interests in court, as needed.
