The first step a person needs to take is to prepare a plan for filing a lawsuit against a company in Georgia. One of the first things a person wants to consider is what the person wants to recover in their lawsuit. In other words, the person needs to identify whether they want money damages to compensate them for losses they have suffered or whether they want some alternative type of remedy.
One of the reasons for which a person needs to identify the value of the remedy they seek is because it is a factor in choosing the court in which to file a lawsuit. One option that a person has in Georgia is to sue in a Georgia Magistrate Court. A person can seek up to $15,000 in a Georgia Magistrate Court. If a person wishes to recover more than $15,000, they would file their lawsuit in a Superior Court.
In a Magistrate Court, a person may be represented by a local attorney in Georgia but does not have to have a lawyer. A person would be able to represent themselves, but they could also have a lawyer if they wished. Magistrate Courts in Georgia are the equivalent of small claims courts in other states. They are designed to be somewhat less formal than regular courts and easier for a person to handle on their own without an attorney.
They would simply serve a copy of their lawsuit and notice of the court date on the “defendant,” the person or company they are suing. Then, at the trial, the person would present evidence to prove their case, including the amount of money they believe the defendant company owes them.
Of course, the defendant could present a defense to the claim and their own counter-claim against the plaintiff. The judge would make a decision and award a money judgment to whoever the judge believes has proven their case. Once a person has a judgment that awards them the payment of damages, they can collect it using measures, such as wage garnishments, bank account levies, and property seizures.
If a person seeks more than $15,000 in damages, they would file their claim in a Georgia Superior Court. Also, if a person wants to pursue a remedy such as a permanent injunction or specific performance of a contract, they would file their claim in a Superior Court. A person would want to be represented by a lawyer to sue a company in a Superior Court case.
The next step is to determine the cause of action that a person is going to allege in their lawsuit. A cause of action is a legal claim that the law recognizes as legitimate. A person might allege negligence in a personal injury claim in Georgia. This would be the right cause of action if the employee of a business breached their duty of care and caused injury or property damage to the person. Another claim that is common in the business environment would be breach of contract.
There are other issues to consider when planning a lawsuit against a company in Georgia. One of these issues is jurisdiction, which is the authority of any particular court to entertain lawsuits against an entity. For example, in some situations, a business might be sued in a federal civil court rather than a state court. There are cases in which a federal court would be preferable.
A person must analyze whether a Georgia state court has jurisdiction over a company or whether the person who wants to sue the company would have to turn to the courts of a different state. Basically, a court in Georgia would have jurisdiction over a company if the following factors indicate that Georgia is the right place to file the lawsuit:
- Most of the witnesses are in Georgia;
- The parties live in Georgia. In the case of a business, it would do business in Georgia;
- Whether the plaintiff filed their lawsuit in Georgia only to get around the statute of limitations in another state;
- Whether holding the trial in Georgia would be a burden on the court.
A person would want to consult a local attorney in Georgia for advice on the issue of jurisdiction.
What Are the Reasons for Which I Would Sue a Company?
A company may have harmed a person’s interests in any number of ways. A current employee of a company might claim that they suffered employment discrimination on the basis of their membership in a protected class, e.g., gender or national origin. A former employee might allege that the company breached their employment contract or otherwise terminated their employment wrongfully.
The product that a person bought from a company might prove to be defective. If the defect in the product causes an accident that results in injury and/or property damage, a person might have reason to sue the manufacturer and distributor for strict product liability.
A service that a person receives from a company might not be satisfactory. For example, the service provided by a professional might amount to malpractice.
A person might slip and fall in a grocery store owned by a company. They would then have to sue the company for premises liability. A business itself might have a commercial lease from another business. If the lessor breaches the lease agreement, the tenant business might have grounds for a lawsuit.
What Types of Lawsuits May Be Initiated Against a Company?
Any type of lawsuit may be initiated against a company. As long as the plaintiff has a legitimate cause of action and is able to prove the facts of their case, they may sue a company. Again, the causes of action that a person might allege would include negligence or breach of contract. However, many different causes of action are possible.
If a company’s employee suffers an injury on the job, they would have a claim for workers’ compensation. To file a claim for workers’ compensation in Georgia, a person should complete a WC-14 form and submit it to the Georgia State Board of Workers’ Compensation and send a copy of the form to their employer and their workers’ compensation insurance carrier.
Again, however, if a person who is injured as a result of the actions of the employee of a company, they would probably claim some manner of negligence.
What Types of Companies Can Be Liable?
Any company that does business in Georgia is potentially liable for a legitimate legal claim. A person’s ability to collect an award of money damages might be affected by the legal structure of the company or business that they sue.
For example, in Georgia, a company may operate as a limited liability company (LLC). The LLC structure means that all of the people associated with the company are not liable for damages in an amount that is greater than their initial investment. They also cannot have vicarious liability. A person with a judgment for payment of damages would be limited to the collecting from the assets or insurance policies of the LLC itself.
When a person considers suing a company, they want to consider how the company would pay any judgment the person might win. Most companies have insurance of the type they need to cover their potential liabilities, but a person contemplating a lawsuit would want to think about recovering their judgment.
A limited liability partnership (LLP) is another form of business that is allowed by Texas law. In an LLP, the partners in the partnership are shielded from the partnership’s liabilities. However, a partner in an LLP is not shielded from all liabilities. If a partner should guarantee a loan, they may be liable to repay it if the borrower does not.
Generally, however, no matter the legal structure of a company, it may be liable for any legitimate legal causes of action if the person who alleges them proves the elements of their causes of action.
How Long Do I Have to File a Lawsuit Against a Company?
The amount of time a person has to file a lawsuit depends on the Georgia statute of limitations for the type of claim the person has. For example, an action for personal injury, which would include negligence, is 2 years.
In Georgia, the statute of limitations for breach of a written contract is 6 years after the contract becomes due and payable. If the contract at issue is oral, however, the deadline for bringing a breach of contract action is 4 years after the cause of action for breach accrues.
What Kind of Lawyer Do I Need to Sue a Company?
If you need a lawyer to sue a company in Georgia for personal injury or property damage, you want to consult a Georgia personal injury lawyer. A wide variety of claims come within the law of personal injury, and LegalMatch.com can connect you to a lawyer who can identify the appropriate cause or causes of action for your situation.
If you need a lawyer to handle a case that involves a contractual relationship, you want to consult a Georgia business lawyer. LegalMatch.com can put you in touch with a local Georgia business lawyer who can formulate a plan for your business-related claim.
