If someone is thinking about filing a lawsuit against a company in Idaho, they may feel overwhelmed by the prospect of having to go to court against a business. Having some information about the process can help ease the stress associated with having a legal issue.
Another way to help make the process less stressful is to consult with a lawyer to sue a company and consider allowing them to handle the issue. The process involved with filing a lawsuit against a company in Idaho can vary depending on numerous issues, including:
- The laws of the jurisdiction;
- The type of company;
- The facts of the individual’s problem; and
- The legal theories upon which the claim will be based.
A local attorney in Idaho can explain, in detail, the steps that an individual will need to take to resolve their issue. Usually, the lawsuit will be filed in the state or county where a business is registered or conducts business.
Paying a filing fee and filing a summons and complaint is the first step in initiating a lawsuit. After this step is complete, the plaintiff, or individual filing the claim, has to serve a copy of their claim on every named defendant.
In most situations, the service will be handled by the local sheriff’s department. The complaint will outline the issues, name the defendants, and list the remedies that the plaintiff is seeking.
A business will often have the financial resources to have legal representation when defending against claims made against them. In some situations, the company may even employ a lawyer to handle legal issues on behalf of the company.
Because the company will likely have legal representation, it is also important for the plaintiff to be represented in order to help ensure they obtain the best outcome for their case.
What Are the Reasons I Can Sue a Company For?
An individual may want to sue a company for many, many different reasons. Some common examples of reasons why an individual may desire to sue a company include:
- An individual not receiving their salary;
- Breach of a warranty;
- Breach of contract;
- Misleading information about the company’s financial situation being provided;
- Wrongful termination;
- Causing injury to someone in some way, for example:
- Failure to maintain a safe premises;
- An employee causing injury;
- A product produced by the company causing harm.
- Harassment as an employee or as a patron of the business;
- Not returning money that the company owed, for example, a security deposit;
- Employment discrimination;
- Making misleading claims about a product;
- Infringing upon the intellectual property rights of an individual or plagiarizing their work.
What Types of Lawsuits Can Be Initiated Against a Company?
In addition to the numerous reasons an individual may want to sue a company discussed above, there are many different types of lawsuits that can be initiated against a company, such as:
- Products liability;
- A personal injury claim;
- Breach of contract;
- Defamation;
- Professional malpractice;
- Tax fraud;
- Premises liability;
- Discrimination;
- Harassment;
- Nuisance;
- False advertising;
- Violations of federal laws.
What Types of Companies Can Be Liable?
There are numerous different categories of companies that may be held liable for actions that violate local, state, or federal laws. Examples of the types of companies that can be held liable include, but are not limited to:
- Hospitals;
- Schools;
- Solo practitioners;
- Small business owners;
- Government agencies at the following levels:
- Non-profit organizations, such as charities;
- For-profit companies, such as:
- Corporations;
- Limited liability companies;
- Partnerships;
- Other types of for-profit companies;
- Retail chain stores;
- Other categories of companies.
A company’s liability will be determined by its structure. For example, when a limited liability company (LLC) is sued, only the LLC itself can be held liable for damages.
A corporation, on the other hand, may be held liable along with its individual owners.
How Do I Sue a Company for Damages?
As noted above, suing a company for damages begins by filing the summons and complaint. Before this step, however, an individual can do certain things to help ensure their claim is successful.
An important first step is to reach out to the company and determine whether or not they are willing to resolve the issue to avoid litigation. In most situations, the business will want to resolve any problems to avoid bad reviews or costly litigation.
It is important for an individual to notify the business of the issue in writing. If the issue cannot be fixed or the company refuses, it is important to consult with an attorney.
It is also important to keep evidence that supports the individual’s claim, which may include:
- Text messages
- Emails
- Letters
- Business policies
- Receipts
- Reports
- Other documentation and evidence
If the damages being sought are $5,000 or less in Idaho, it can be filed in small claims court to save both time and money. However, an individual is not permitted to have an attorney in an Idaho small claims court.
Once an individual hires a lawyer, the lawyer will provide advice regarding the claim, answer any potential questions, and handle issues related to the claim, such as:
- Filing the complaint;
- Serving the defendant;
- Preparing the case;
- Responding to motions;
- Gathering evidence; and
- Subpoenaing necessary witnesses.
What Damages Can I Receive if I Win My Case Against a Company?
If the plaintiff prevails in their claim against a company, there are several different types of damages they may be able to recover, for example:
- Monetary damages;
- A replacement product;
- Having the company change their:
- Handbooks;
- Policies;
- Procedures;
- Various other types of economic and noneconomic damages;
- Punitive damages;
- Fines;
- Restitution.
How Long Do I Have to File a Lawsuit Against a Company?
How long an individual will have to sue a company will depend on the statute of limitations. A statute of limitations is a time limit on when an individual can file a lawsuit.
If the plaintiff does not bring their claim at the time provided under the statute of limitations, their case may be dismissed, and they will not be able to recover any damages. Although it may be possible to find the statute of limitations for a state online, it is important to consult with a lawyer to ensure the plaintiff has the correct time limit.
The statute of limitations begins to run when the plaintiff becomes aware of an issue or injury or when an incident occurs. Having a statute of limitations ensures that plaintiffs bring timely claims and that defendants are not subject to a lawsuit after a long amount of time has passed.
What Kind of Lawyer Do I Need to Sue a Company?
If you believe you may need to sue a company in the State of Idaho, consulting with an Idaho business lawyer is an essential step. Your attorney can advise you on the best legal options for your issue and what damages you may be able to obtain. If you need to find a business lawyer, LegalMatch can put you in touch with the right lawyer for your needs.
Navigating the court system alone can be an extremely stressful experience. When you have a lawyer handling your claim, you will have the best possible chance at reaching a resolution for your issue.
If the business you sue wants to settle your issue outside of the courtroom, your attorney will represent you during any meetings or negotiations. Also, any time you have to appear in the courtroom, your lawyer will appear with you.
