How to Sue a Company in Illinois

When suing a business that is incorporated or licensed in Illinois, an individual will need to have the legal name of the business as well as the name and address of the registered agent who represents the business in order to provide proper legal service of a lawsuit.

In many cases, the business will have its own lawyer. Some businesses may defend small claims lawsuits for less than $1,500 using a company representative.

An individual can determine if a business they want to use is a corporation as well as its legal name by searching through the Certified List of Domestic and Foreign Corporations by calling the Illinois Secretary of State’s Incorporation Division at (217) 782-6961 or through the online database.

The “entity name” will be the name of the business that will be used in the lawsuit. The results will also include the registered agent who has to be served with the summons for the lawsuit.

If a business is not included in this database, it may not be incorporated. In these cases, an individual should name the owner of that business as well as the business itself as a defendant using the abbreviation d/b/a (doing business as).

If an individual is unsure of the name of the business owners, they can contact their local chamber of commerce or county clerk’s office. Another option for taking action against a business is filing a claim in small claims court if the damages are $10,000 or less.

In small claims court, the judge is only permitted to order a judgment for money. They cannot require a party to stop or do anything or to return property.

Any individual 18 years of age or older can file a complaint in an Illinois Small Claims Court with or without an attorney. All individuals under 18 must have an attorney.

There is a fee to file this type of complaint, which may vary by location. Typically, the claim must be filed in the county where the defendant resides or where the issue occurred.

A business may be sued in any county in which it has an office location or does business. For any questions related to suing a company in Illinois, an individual should consult with a local attorney in Illinois.

What Are the Reasons I Can Sue a Company For?

There are many different reasons why an individual may want to file a lawsuit against a company, including, but not limited to:

• The company illegally terminated an employee, called wrongful termination;
• The employee suffered harassment either when working at the company or when visiting the company as a patron;
• If a company failed to pay an employee their earned salary or if it did not return money that was owed, for example, a security deposit;
• If the company provided misinformation about products or tier financial situation;
• If the company infringed on an individual’s intellectual property rights or plagiarized their work;
• If the company breached a warranty or contract; or
• If the conduct of the company caused an individual to be injured, such as:
  • Filing to maintain a safe premises;
  • An employee injuring another person; or
  • One of the company’s products caused an individual harm.

What Types of Lawsuits Can Be Initiated Against a Company?

Just as there are many different reasons a company can be sued, there are also many different legal theories on which a lawsuit may be based, such as:

• Products liability;
• Nuisance;
• Premises liability;
• Professional malpractice;
• Breach of contract;
• Discrimination or harassment;
• Tax fraud;
• Employment discrimination;
• Defamation;
• Personal injury claims;
• False advertising; and
• Violations of federal laws.

The specific process that will be used when suing a company will vary depending on:

• The type of company;
• The laws of the jurisdiction;
• The facts of the issue; and
• The legal theory the claim is based upon.

What Types of Companies Can Be Liable?

Most companies may be held liable for actions that violate local, state, or federal laws. Examples of types of companies that can be held liable include:

• For-profit companies, such as:
  • Corporations;
  • Limited liability companies;
  • Partnerships;
• Non-profit organizations, such as charities;
• Small business owners and solo practitioners;
• Federal, state, or local government agencies; and
• Other types of companies, such as:
  • Schools;
  • Hospitals;
  • Retail chain stores;
  • Others.

Different types of business structures have different liabilities. For example, with a corporation, both the corporation itself and the individual owners may be sued for damages.

How Do I Sue a Company for Damages?

There are certain steps an individual can take before they file a lawsuit for damages that may help increase their chances of success, including:

• Before filing a lawsuit, an individual can speak to a company representative to determine if there is an easier way to resolve the issue;
  • An individual should report any issues directly to the company in writing;
• If the company fails to fix the issue, an individual can consult with an attorney;
• If the company will not fix the issue, an individual should collect information and evidence to support their claim, which may include:
  • Emails;
  • Reports;
  • Letters;
  • Witness contact information;
  • Business policies;
  • Other relevant documents or evidence;
• An individual should consider what type of remedy they want to receive, for example, money, a replacement product, or other compensation;
• If a case only involves a minor amount of damages, a claim may be filed in small claims court, which can save both time and legal costs;
  • Although an individual can represent themselves in small claims court, they may still want to consult an attorney for advice;
    • In these cases, the individual should:
      • Review the local court rules;
      • The laws governing the case;
      • How long they have to file a lawsuit;
• If an individual hires an attorney, they will take over and prepare the case and file the claim in court;
  • The steps the case will follow include:
    • Filing the complaint;
    • Serving the defendant with notice;
    • Preparing the case;
    • responding to motions;
    • Gathering evidence; and
    • Subpoenaing necessary witnesses.

Examples of remedies that an individual may receive if they are successful in their claim include:

• Monetary damages;
• Replacement products;
• An order from the court stating the company is legally obligated to change its company handbooks, policies, or procedures;
• Various economic and noneconomic damages;
• Punitive damages or fines;
• Restitution.

How Long Do I Have to File a Lawsuit Against a Company?

There are time limits on when an individual is filing a lawsuit against a company, called the statute of limitations. This means that the individual has a certain amount of time from the time of the incident or issue to file their lawsuit.

The statute of limitations will depend on the laws in the jurisdiction where the case is filed, as well as the reason for the lawsuit. If an individual does not file their claim within the statute of limitations, they will be barred from recovering damages.

An individual may be able to determine the statute of limitations for their claim themselves, but it may be helpful to ask a lawyer to sue a company as well to make sure they are correct. Otherwise, the individual may not be able to recover anything.

What Kind of Lawyer Do I Need to Sue a Company?

You may be considering filing a lawsuit against a company. If this is the case, it is essential to consult with an Illinois business lawyer who will be trained in the proper legal procedures and strategies, including where to file the lawsuit, what time of claim to file, how to settle, what evidence to present, and more.

Your lawyer can present the best case on your behalf, which is very important, as most businesses hire attorneys or have them on staff. Your lawyer will also represent you during any negotiations or legal meetings, including court appearances.