In order to begin the process of filing a lawsuit against a company in Hawaii, you must understand a variety of different laws, such as legal theory and civil procedure. Generally, in order to file a lawsuit against a company in Hawaii, you will need to:
- Determine the Basis of Your Lawsuit: The first thing that you must do is understand legal theory and case law in order to make a determination as to the legal theory you will base your lawsuit on;
- Draft and File Your Lawsuit: After determining the basis for your lawsuit against a company, you must then draft your lawsuit.
- Importantly, a lawsuit will outline your legal claims against the company, the relief you are seeking, and also name the defendant company in the case that is responsible for your damages;
- Serve Your Lawsuit on the Defendant: After you’ve filed your lawsuit, you must then properly serve notice of your lawsuit to the defendant company.
- It is important to note that you may also need to pay filing fees associated with your lawsuit unless you obtain a waiver of fees; and
- Continue Your Case: After your lawsuit has been served on the defendant, the defendant will then have a period of time to file an answer and/or counterclaims.
- After the defendant files an answer, your case will then proceed in accordance with the civil laws and procedures in your jurisdiction, including the pre-trial and trial phase.
A local attorney in Hawaii will be most familiar with the entire civil procedure process involved in suing a company. An attorney will also be able to assist you with the discovery process, which is the pre-trial process of obtaining evidence to use to prove your civil case.
What Are the Reasons I Can Sue a Company For?
There are many different reasons why you can sue a company. Examples of common reasons that may serve as facts that you can use to sue a company include, but are not limited to:
- Wrongful termination, such as the company illegally terminating you based on a protected characteristic such as race, age, gender, or disability;
- Workplace harassment or other forms of employment discrimination, such as being denied a promotion or position based on a protected characteristic;
- Hour and wage issues, such as a company failing to timely pay you or provide you benefits;
- Contract issues, such as the company breaching a contract or warranty, a breach of an employment contract, or a breach of a sales agreement between companies;
- Personal injury claim matters, such as a company injuring you by failing to maintain safe premises, injuring patrons through their actions or inactions, or an employee injuring a patron.
What Types of Lawsuits Can Be Initiated Against a Company?
Just as there are many different reasons why a civil lawsuit can be filed against a company, there are also many different legal theories that such a lawsuit can be based on. Examples of common lawsuits that can be initiated against companies include lawsuits involving:
- Personal injury, including property damage claims or other claims based on negligence or strict liability;
- Products liability issues, such as defective products;
- Malpractice;
- Premises liability;
- Breach of contract, whether it be sales contracts or employment contracts;
- Discrimination or harassment matters, such as workplace discrimination lawsuits;
- Defamation or libel;
- Fraud, such as false advertising, tax fraud, or other fraud matters.
One of the most common lawsuits filed against companies is personal injury lawsuits that are based on the legal theory of negligence. Filing a lawsuit based on negligence requires the plaintiff (i.e., the person alleging they were damaged by the company) to prove the following elements:
- That the company owed the plaintiff a duty of care;
- That the company breached the duty of care owed to the plaintiff;
- That the company’s breach of duty was the actual and proximate cause of the plaintiff’s injuries; and
- That the plaintiff suffered actual and quantifiable damages as a result of the company’s negligence.
What Types of Companies Can Be Liable?
In the state of Hawaii, any company can be held liable for its actions that violate federal, state, and/or local laws or result in a person or party being injured. This means that both a for-profit company, such as a corporation, limited liability corporation (“LLC”), or partnership, and a non-profit company, such as a charity, can be held liable for their actions or inactions.
Similarly, government agencies may also be held liable. However, government agencies may have governmental immunity that a plaintiff would have to navigate around when suing them.
How Do I Sue a Company for Damages?
The process for suing a company in Hawaii was discussed above. Once again, the general process for suing a company involves first identifying the legal theory that you will base your civil lawsuit on.
Next, you must identify the party responsible for your damages and draft your civil lawsuit. You will need to then file your lawsuit in the proper venue, which is commonly the district court in which you reside.
Once your lawsuit has been filed in the proper venue, you must then serve your civil lawsuit on the party or parties that you named in the lawsuit. From there, that party will then have a period of time to file an answer to your lawsuit.
After the defendant’s answer period has passed, your lawsuit will then continue based on Hawaii’s civil laws and procedures. Finding a lawyer to sue a company on your behalf is often in your best interests as they will be most familiar with the entire civil process.
How Long Do I Have to File a Lawsuit Against a Company?
There are specific deadlines in Hawaii’s civil laws that you must meet in order to be able to file your lawsuit against a company. In other words, there is a limit to how long you can wait before you are barred from later commencing your civil lawsuit against a company.
These deadlines are known as “statutes of limitations.” The statute of limitations is a legal term that refers to the period of time that you have to file your lawsuit or risk yourself from being barred from later bringing your lawsuit. As far as the exact time you have to file a lawsuit against a company, that will be dependent on the basis for your lawsuit.
For example, you may sue a company based on a personal injury claim in Hawaii. If this is the case, you will have two years from the date of the accident your injuries became apparent to file your lawsuit against that company. Importantly, if you fail to file a claim within the prescribed time frame, you will then be barred from bringing a civil lawsuit against the company later.
What Kind of Lawyer Do I Need to Sue a Company?
If you are experiencing issues involving a company in Hawaii, it is in your best interests to consult with an experienced Hawaii business lawyer. LegalMatch can assist you in connecting with an attorney for your particular situation. An experienced business lawyer will be able to help you determine the appropriate legal theory for your lawsuit, help you draft your lawsuit, and help you properly file it.
An attorney will also be familiar with the entire civil process regarding suing a 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, if applicable. Finally, an attorney will also be able to represent your interests in court, as needed.
