In order to begin the process of filing a lawsuit against a company, you must first understand the laws regarding civil procedure in the state of Florida. In general, the process is as follows:
- Choose a Legal Theory: In general, the first step in initiating a lawsuit against a company in Florida is understanding the law concerning what legal theory you will base your lawsuit on.
- Common legal theories that form the basis of lawsuits against companies include negligence, strict liability, breach of contract, etc.;
- Draft and File Your Complaint: Next, you must then draft your complaint that outlines your legal claims and name the defendant in the case that is responsible for your damages;
- Serve Your Lawsuit on the Defendant: After you’ve filed your complaint, you must serve notice to the defendant company
- It is important to note that you will also need to pay filing fees unless you obtain a waiver of fees; and
- Continue Your Case: After your lawsuit has been served, the defendant will have a period of time to file an answer/defense.
- After the defendant files a defense, your case will then proceed in accordance with the civil laws and procedures in your jurisdiction.
A local attorney in Florida will be most familiar with the civil process regarding drafting, serving, and proceeding with your civil lawsuit against a company. They will also be able to assist you with the discovery process, which is the legal process of obtaining evidence to use in your civil case.
What Are the Reasons I Can Sue a Company For?
There are numerous reasons why an individual may seek to sue a company. Examples of common reasons to sue a company include, but are not limited to:
- Issues involving wrongful termination, such as the company illegally terminating you as an employee;
- Issues involving workplace harassment or other forms of employment discrimination, such as being bullied in the workplace or being harassed as a customer of a store;
- Issues involving wage issues, such as a company failing to timely pay you your wages or provide benefits;
- Issues involving infringement of intellectual property rights, either by the company or an employee of the company;
- Issues involving breaches of contract, such as the company breaching a contract or warranty, or a breach of an employment contract;
- Issues involving a personal injury claim in Florida, such as a company in Florida failing to maintain a safe premises, creating a product that injures people, or an employee injuring a patron.
What Types of Lawsuits Can Be Initiated Against a Company?
As can be seen from the above, there are many reasons why a lawsuit may be initiated against a company. As such, there are also many different forms the lawsuits may take. Examples of common lawsuits against companies include, but are not limited to:
- Lawsuits involving personal injury, including property damage;
- Lawsuits involving products liability;
- Lawsuits involving professional malpractice;
- Lawsuits involving premises liability;
- Lawsuits involving a breach of contract;
- Lawsuits involving discrimination or harassment;
- Lawsuits involving nuisance;
- Lawsuits involving defamation;
- Lawsuits involving tax fraud;
- Lawsuits involving false advertising;
- Lawsuits involving violations of federal laws.
As mentioned above, one of the most common lawsuits filed against a company is a personal injury lawsuit that is based on the legal theory of negligence. In order for an individual who was injured due to the negligence of a company or employee of the company must generally demonstrate the following in order to successfully recover from their injuries:
- The company owed the plaintiff (i.e., the person that was injured) a certain level of care due to their relationship (such as an employer-employee relationship or doctor-patient relationship) or status (such as invitees, licensees, trespassers);
- The company breached the duty of care owed to the plaintiff through a negligent action or inaction;
- The company’s breach of duty was the actual and proximate cause of the plaintiff’s injuries; and
- The plaintiff suffered actual, quantifiable damages as a result of the company’s negligent action or inaction.
What Types of Companies Can Be Liable?
In short, most any company can be held liable for its actions that violate federal, state, and/or local laws. A for-profit company, such as a corporation, limited liability corporation (“LLC”) or partnership are all common forms of companies that can be held liable.
In addition, for for-profit companies, non-profit companies such as charities can also be held liable for their actions or inactions that violate the laws mentioned above. Similarly, government agencies may also be held liable.
Other common companies that may be held liable for their actions or inactions include small business owners, schools, hospitals, retail chain stores, and almost any other type of companies.
It is important to note that the business structure of the company may result in different forms of liability. For instance, if you sue a corporation, the corporation itself and the owners of the corporation may generally be sued.
However, if you are suing a corporation that is organized as an LLC, then your lawsuit must name the corporation and cannot name the individual owners. However, if the individual owners were directly responsible for your injuries, then you may sue them individually as well.
How Do I Sue a Company for Damages?
In order to sue a company for damages in Florida, you must first identify the legal theory that you will base your civil lawsuit on. Once again, common legal theories include negligence, strict liability, and contract law.
After you identify your legal theory, you must then identify the party that is responsible for your damages. You will then need to draft your civil lawsuit and file it in the proper venue. This is generally the district court in the county that you live in.
Once your lawsuit has been filed, you must then serve the lawsuit on the party or parties you named in the lawsuit. From there, the opposing party will have a period of time to file an answer to your lawsuit. After the defendant’s answer period has passed, your lawsuit will continue based on Florida civil laws and procedures, as noted above. Finding a lawyer to sue a company on your behalf is often in your best interests.
How Long Do I Have to File a Lawsuit Against a Company?
It is important to note that there is a specific time period in which you have to file a civil lawsuit against a company. In other words, there is a limit to how long you can wait before you are barred from filing a civil lawsuit against a company.
This period of time is known as a “statutes of limitations.” The statute of limitations is a deadline to file your lawsuit. As far as the exact deadlines, that will be dependent on your legal theory and specific case.
For instance, if you sue a company based on a personal injury claim in Florida, you will have four years from the date that your injury occurred or your injuries became apparent to file your lawsuit against that company.
Once again, if you fail to file a claim within the prescribed time frame, you will be barred from bringing a civil lawsuit against the company later. As such, it is very important to understand the statute of limitations that applies to your lawsuit and to file your claim before the time expires.
What Kind of Lawyer Do I Need to Sue a Company?
If you are experiencing issues related to a company in Florida, it is in your best interests to consult with an experienced Florida business lawyer. An experienced business lawyer will be able to help you determine your best course of legal action, such as helping you determine the legal basis for your civil lawsuit.
An attorney will also be familiar with the proper civil process regarding drafting and serving your civil lawsuit on the company. An attorney will also be able to help you negotiate a pre-court settlement in your case by negotiating with the company or their insurance company. Finally, an attorney will also be able to represent your interests in court, as needed.
