If filing a lawsuit against a company in Iowa becomes necessary, an individual may be overwhelmed by the prospect of having to make a claim against a business in a court of law. Having some information about the process beforehand can help ease the stress that is associated with having a legal issue of any type.
One way to help make the process of making a legal claim less stressful is to consult with a lawyer to sue a company for advice and allow them to handle the legal claim. There are several factors that may affect the lawsuit process in Iowa, such as:
- The facts of the individual’s issue;
- The laws of the jurisdiction;
- The type of company;
- The legal theories upon which the claim will be based.
A local attorney in Iowa will be able to provide a detailed explanation of what will be required to resolve the issue. In most cases, a lawsuit will be filed in the state or county where the company conducts business or is registered.
The first step that is taken to initiate a lawsuit is filing a complaint and summons as well as paying a filing fee. Once this process is complete the individual who is filing the lawsuit, called the plaintiff, is required to serve a copy of the complaint and summons on all of the named defendants, as there can be more than one.
In most situations, service of process will be handled by the local sheriff’s department. The complaint names the defendants who are being sued, outlines the alleged violations or issues, and lists the remedies that the plaintiff is seeking.
A company will often have the financial means to hire its own lawyer or may even have a lawyer on staff to defend against claims made against the business. Because companies are likely to have an attorney of their own, it is very important that a plaintiff also has legal representation, which will help ensure the best outcome for their issue.
What Are the Reasons I Can Sue a Company For?
There are nearly infinite reasons that an individual or party may desire to sue a company, including, but not limited to:
- A party not receiving their salary;
- Harassment encountered as an employee or as a patron of the business;
- Misleading claims provided about a product;
- Breach of contract;
- Misleading information provided about the financial situation of the business;
- Wrongful termination;
- Causing injury in some way, such as:
- Failing to maintain a safe premises;
- An employee causing injury;
- A product the company produced causing harm;
- Not returning funds that were owed, such as a security deposit;
- Breach of a warranty;
- Employment discrimination;
- 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 multitude of reasons that a party may want to sue a company, there are also many different categories of law that a lawsuit may be filed under, such as:
- Products liability;
- A personal injury claim;
- Nuisance;
- Harassment;
- Breach of contract;
- Defamation;
- Tax fraud;
- Premises liability;
- False advertising;
- Professional malpractice;
- Discrimination;
- Violations of federal laws.
What Types of Companies Can Be Liable?
Almost every category of business or company can be held liable for a violet of federal, state, or local laws. Examples of the categories of companies and businesses that may be held liable for damages include, but are not limited to:
- Schools;
- Hospitals;
- Solo practitioners;
- Government agencies at the following levels:
- For-profit companies, such as:
- Corporations;
- Limited liability companies;
- Partnerships;
- Other types of for-profit companies;
- Retail chain stores;
- Small business owners;
- Non-profit organizations, such as charities;
- Other categories of companies.
A company’s liability is based on its structure. There are several different types of business structures, such as corporations, LLCs, and others.
If a corporation is sued, the individual owners of that corporation can also be sued. If a limited liability company (LLC) is sued, in contrast, only the LLC itself can be held liable for damages.
How Do I Sue a Company for Damages?
As noted above, when a business suing a business, it begins with filing a summons and complaint. However, before filing a lawsuit, there are steps that plaintiffs can take to help ensure that their claim is successful.
The first thing an individual can do is contact the company and see if they would be able to resolve the issue to avoid facing litigation. Typically, a company will want to resolve any issues that come up in order to avoid court costs or negative reviews.
If a problem arises, the individual should notify the company in writing. If the issue cannot be fixed or the business refuses to try, it is time to consult with an attorney.
Throughout the process, an individual should keep any evidence that may be used to support their claim, such as:
- Business policies;
- Text messages;
- Emails;
- Letters;
- Receipts;
- Reports;
- Other documentation and evidence.
If an individual is seeking $6,500 or less in damages in Iowa, their claim may be filed in small claims court, which can save both time and money. All parties are also permitted to hire attorneys in Iowa small claims courts if they choose.
If an individual hires an attorney to represent them in a civil court, their attorney will provide advice related to their claim, answer any of their questions, and handle any issues they may have related to their case. Their attorney will handle all case-related issues, including:
- Filing the complaint;
- Serving the defendant;
- Preparing the case;
- Responding to motions;
- Gathering evidence;
- Subpoenaing necessary witnesses.
How Long Do I Have to File a Lawsuit Against a Company?
How long an individual has to file a lawsuit against a company will depend on the statute of limitations or the time limit for when a claim can be filed in court. If a lawsuit is not filed within this time limit, it will be dismissed in court, and the individual will not be eligible to recover damages.
The statute of limitations will begin when the individual is made aware of an issue or injury or when an accident occurs. These limitations are placed on lawsuits to help ensure that plaintiffs bring timely claims and potential defendants are not subject to a court filing after a long period of time has passed.
What Damages Can I Receive if I Win My Case Against a Company?
If an individual is successful in their claim against a company, they may recover one or more types of damages, such as:
- A replacement product;
- Fines;
- Monetary damages;
- Punitive damages;
- Having the company change their:
- Handbooks;
- Policies;
- Procedures;
- Restitution;
- Various other categories of economic damages and noneconomic damages.
What Kind of Lawyer Do I Need to Sue a Company?
You might need to sue an Iowa company. If so, it is essential to consult with an Iowa business lawyer who can provide you with the best legal options for your issue and advise you of the types of damages you may be able to obtain.
It can be very stressful to attempt to navigate filing a lawsuit and the court system on your own. If you allow your lawyer to handle your issue and represent you in court, your chances of reaching a favorable resolution will be much higher. LegalMatch can help you find the right business lawyer for your case.
If the business wants to settle your claim outside of the courtroom, your attorney will represent youfh3 during any meetings or negotiations. Each time you have to appear in court for any reason, your attorney will be there representing you.
