Filing a lawsuit against a company in Indiana requires an understanding of many different laws. For instance, you must understand the laws concerning civil procedure, case law, and numerous other civil laws and statutes.
As far as the process for filing a lawsuit against a company in Indiana, it is generally as follows:
- Identify Your Legal Claim: The first step in initiating a civil lawsuit against a company in Indiana is understanding the basis for your lawsuit, which requires you to state and know your legal claims, civil statutes, and legal theory;
- Draft and File Your Complaint: After you identify the basis for your lawsuit, you will then need to draft your lawsuit, which will require you to name the person responsible for your alleged damages;
- Serve Your Lawsuit: After filing your civil lawsuit, you then must serve the lawsuit on the defendant in order to provide them notice of your legal claim(s);
- Pre-trial: After your civil lawsuit has been served on the defendant, the defendant will then have an opportunity to file an answer/defense to your claim.
- Generally, at this point in time, settlement negotiations with the defendant will begin in order to try and reach a settlement prior to the trial.
- Pre-trial motions may also occur at this point in time, such as motions to dismiss the claim, etc.;
- Trial Phase: Finally, if you are unable to resolve your lawsuit with the defendant prior to trial, your case will then be set before a judge or jury for a formal hearing on your claims.
A local attorney in Indiana will be most familiar with the entire civil process regarding drafting, serving, and proceeding with your civil lawsuit against a company. An attorney will also be able to assist you with the complete pre-trial phase of your lawsuit. Finally, an attorney can also help prepare and represent you at trial.
What Are the Reasons I Can Sue a Company For?
There are many reasons in which a company may be sued. Examples of common reasons which may serve as a basis for an individual’s legal claims against a company include:
- Issues involving wrongful termination, such as a company illegally terminating you based on a protected characteristic;
- Issues involving workplace harassment or other forms of employment discrimination, such as being denied a position or promotion based on a protected characteristic (race, gender, etc.);
- Wage and benefit issues, such as a company failing to timely pay your wages or provide you with promised benefits;
- Issues involving infringement of intellectual property rights, such as breaking a non-disclosure agreement or stealing company trade secrets;
- Issues involving breaches of contract, such as the company breaching your employment contract;
- Issues involving a personal injury claim, such as a company failing to maintain a safe premises, creating a defective product, or an employee injuring you.
What Types of Lawsuits Can Be Initiated Against a Company?
Many different lawsuits may be initiated against a company. Examples of common lawsuits filed against companies include, but are not limited to:
- Personal injury lawsuits, including actual injuries and property damage;
- Products liability lawsuits;
- Malpractice lawsuits;
- Premises liability lawsuits;
- Breaches of contract lawsuits;
- Workplace discrimination or harassment lawsuits;
- Nuisance lawsuits;
- Defamation or libel lawsuits;
- Lawsuits based on fraud, including tax fraud lawsuits;
- Any other violations of federal laws that include statutory damages.
One of the most common lawsuits that are filed against companies are personal injury lawsuits. Personal injury lawsuits are generally based on the theory of negligence. When filing a personal injury lawsuit based on a negligence, the plaintiff (i.e., the person alleging they were injured) must typically prove all of the following legal elements:
- First, the company owed them a legal duty of care.
- In general, a legal duty of care arises due to either a relationship (such as an employer-employee relationship or doctor-patient relationship) or the status of a person (such as their status of being an invitee, licensee, or trespasser at a company’s premises);
- Next, the plaintiff must demonstrate that the company breached the duty of care that they owed to the plaintiff;
- The plaintiff must then show that the company’s breach of duty was the actual and proximate cause of their injuries; and
- Finally, the plaintiff must demonstrate that they suffered actual and quantifiable damages as a result of the company’s negligent actions or inaction.
What Types of Companies Can Be Liable?
It is important to note that any company can be held liable for violating federal, state, and/or local laws. For example, if a for-profit company, such as a corporation, limited liability corporation (“LLC”), or partnership violates a civil statute and injures another party, then they may be held liable for that violation of the law.
Similarly, non-profit companies, such as charities or non-profit organizations, can also be held liable for their violations of civil laws and statutes. Additionally, other types of companies, such as government agencies, may also be held liable. Importantly, governmental companies may have governmental immunity that will need to be navigated around before they may be sued.
How Do I Sue a Company for Damages?
The process for suing a company for damages was outlined generally above. Once again, in order to sue a company for damages in Indiana, you must first draft your civil lawsuit. Then, you must file that civil lawsuit in the proper venue. The appropriate venue is generally the district court in the county that you live in, but it may also be the court where your injury occurred.
Once your lawsuit has been filed, you must then serve the lawsuit on the company. Generally, a company will have a registered agent that accepts civil lawsuits on behalf of the company. After serving the opposing party, they will then have a period of time to file an answer to your civil lawsuit.
After the company’s answer period has passed or they have filed an answer, your lawsuit will then continue based on Indiana civil laws and procedures. Finding a lawyer to sue a company on your behalf is often necessary in order to ensure that you follow the proper civil process and avoid having your lawsuit dismissed.
How Long Do I Have to File a Lawsuit Against a Company?
There are deadlines that you have to adhere to when filing a lawsuit against a company. These deadlines are known as “statutes of limitations.” The statute of limitations is generally defined as the time period that a person has to commence a lawsuit before they are barred from bringing the lawsuit.
The exact deadline for your personal case will depend on the basis of your specific case. According to Indiana Code section 34-11-2-4, Indiana’s statute of limitations for personal injury cases is two years. This means that people have two years from the day of their accident to file their lawsuit.
As such, if you fail to commence your personal injury claim within two years, you will then be barred from later bringing a civil lawsuit against the company. Importantly, there are some exceptions.
What Kind of Lawyer Do I Need to Sue a Company?
You may believe that you have suffered an injury or damages due to a company in Indiana. In that case, it is in your best interests to consult with an experienced Indiana business lawyer. An experienced business lawyer will be able to help you determine the best course of legal action and answer any questions that you may have.
Further, an attorney will also be knowledgeable about the state’s civil procedure laws. As such, an attorney will be able to represent you throughout the entire legal process. Attorneys are also useful in helping you negotiate and reach a settlement with the company. Finally, an attorney will also be able to represent your interests in court, should a trial become necessary.
