It is important to note that Delaware is a favorable location for incorporating businesses due to flexible corporate laws and lenient tax policies. As such, numerous companies choose to incorporate in the state of Delaware.
As far as filing a lawsuit against a company in Delaware, it requires a general understanding of many different areas of the law, such as laws concerning civil procedure, case law, and numerous other civil laws and statutes.
Importantly, the exact process for filing a lawsuit against a company in Delaware will be dependent on the type of lawsuit that you are seeking to file. However, in general, the process for filing a lawsuit against a company in Delaware is as follows:
- Identify Your Legal Claim(s): The first step in initiating a civil lawsuit against a company in Delaware is understanding the basis for your lawsuit.
- In other words, you will need to identify your legal claim(s) and the overall legal theory that your lawsuit will be based on;
- Draft and File Your Complaint: After you identify the basis for your lawsuit, you will then need to draft your lawsuit.
- You must also file your lawsuit in the appropriate venue and pay the required court filing fees;
- Serve Your Lawsuit: After filing your civil lawsuit, you then must serve your lawsuit on the defendant in order to provide them legal notice.
- A company will typically have a registered agent that accepts lawsuits on behalf of the company, which will be registered in the Secretary of State’s Office;
- Pre-trial: After your civil lawsuit has been served on the defendant, the defendant will then have an opportunity to file an answer.
- Generally, at this point in time, settlement negotiations with the defendant company 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 the defendant company filing a motion to dismiss your claim(s), etc.;
- Trial Phase: 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.
A local attorney in Delaware will be most familiar with the entire civil process, from determining the party who may be held responsible for your damages to drafting and filing a civil lawsuit and beyond.
What Are the Reasons I Can Sue a Company For?
As mentioned above, there are numerous reasons which may serve as a reason for you to sue a company. Common reasons which may serve as a factual basis for your legal claims against a company include:
- A company engaging in acts that are considered to be wrongful termination, such as a company illegally terminating you based on a protected characteristic, such as your gender, age, race, etc.;
- Cases involving workplace harassment or other forms of employment discrimination, such as being denied a position or promotion based on a protected characteristic;
- Cases involving your wages and benefits, such as a company failing to timely pay your wages or provide you with promised benefits;
- Cases involving a sales or services contract between you and the company and the company not upholding their end of the contract or agreement;
- Cases involving breaches of contract, such as the company breaching your employment contract;
- Cases 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.
What Types of Lawsuits Can Be Initiated Against a Company?
There are many different types of lawsuits that you may file against a company. Examples of common lawsuits filed against companies in Delaware include, but are not limited to:
- Personal injury lawsuits;
- 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;
- Any other violations of civil statutes by a company.
One of the most common lawsuits filed against companies in Delaware are personal injury lawsuits. Personal injury lawsuits are generally based on the legal theory of negligence. When filing a personal injury lawsuit based on a negligence, the plaintiff (i.e., the person alleging they were injured) must typically prove all of the following legal elements in order to recover from a company:
- First, the company owed them a legal duty of care;
- Next, the plaintiff must demonstrate that the company breached the legal duty of care that they owed to them;
- Then, 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 actual and quantifiable damages as a result of the company’s negligent actions or inaction.
What Types of Companies Can Be Liable?
Importantly, any type of company in Delaware can be held liable for civil violations. For instance, a for-profit company, such as a corporation, limited liability corporation (“LLC”), or partnership that violates a civil statute and injures another party may be held liable for such violations.
Similarly, non-profit companies, such as charities or non-profit organizations, can also be held liable for their violations of civil laws and statutes. Governmental agencies may also be held liable for violations of civil laws and statutes.
How Do I Sue a Company for Damages?
The process for suing a company for damages was discussed generally above. Once again, in order to sue a company for damages in Delaware, you must first determine the basis for your civil lawsuit.
Next, you must then draft and file your civil lawsuit in the proper venue. In general, the appropriate venue will be the district court in the county that you live in. However, the venue may also be the court where your injury occurred.
Once your lawsuit has been filed, you must then properly serve your lawsuit on the company. Once again, a company will have a registered agent that accepts civil lawsuits on behalf of the company. After providing notice to the opposing party, the company will have a period of time to file an answer to your civil lawsuit.
After the company’s answer period has passed or they have filed an answer, your lawsuit will then continue based on Delaware’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?
In short, it depends. Delaware has laws known as “statutes of limitations,” which are deadlines regarding the amount of time that you have to file a lawsuit. The statute of limitations is generally defined in Delaware as the time period that a person has to commence a lawsuit before they are barred from later bringing their lawsuit.
The exact deadline for your lawsuit will depend on the exact type of lawsuit that you are seeking to file. For instance, Delaware Code Title 10 § 8119 provides that the statute of limitations for lawsuits based on personal injury and accidents in Delaware is two years.
As such, if you fail to commence your personal injury claim within two years, you will then be barred from later bringing a civil lawsuit against the company. Importantly, there are some exceptions, but the general rule is two years for personal injury lawsuits.
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 Delaware, then it is in your best interests to consult with an experienced Delaware business lawyer. LegalMatch can assist you in locating an attorney for your particular legal issues and needs.
At a consultation with an experienced business lawyer, they will be able to answer any questions you may have and help you determine your best course of legal action. Importantly, an attorney will be knowledgeable about Delaware’s laws and the entire civil procedure process.
As such, an attorney will be able to represent you throughout the entire legal process. Attorneys are also useful in helping you negotiate and reach a pre-trial settlement with the company that harmed you. Finally, an attorney will also be able to represent your interests in court, should a trial become necessary.
