Filing a lawsuit against a company in Kansas requires you to have an understanding of many different areas of the law in the state. For instance, you must understand Kansas’ laws concerning civil procedure, past and current case law, and numerous other civil laws and statutes.
As far as the process for filing a lawsuit against a company in Kansas, the process will differ according to the type of lawsuit that you file. However, generally, the process is as follows:
- Identify Your Legal Claim: First, when initiating a civil lawsuit against a company in Kansas, you must determine the basis for your lawsuit. This requires you to understand and be able to articulate your legal claims and the legal theory your claims are based on;
- Draft and File Your Complaint: Next, you will then need to draft your lawsuit, which will require you to identify and name the company that is allegedly responsible for your damages;
- Serve Your Lawsuit: After filing your civil lawsuit, you then must serve the lawsuit on the defendant in order to provide them legal notice of your lawsuit;
- 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.
- The defendant may also file a counterclaim against you at this point.
- The discovery phase, which is the phase where both sides make requests for information, will also occur at this time.
- Pre-trial motions may also occur at this point in time, such as motions to dismiss your claim, etc.;
- Trial Phase: Finally, if your lawsuit is not dismissed and 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 Kansas 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, which includes helping you gather evidence during the discovery phase of the lawsuit to support your claims.
What Are the Reasons I Can Sue a Company For?
There are numerous reasons in which a company may be sued. Examples of common facts or reasons that may serve as a basis for your claims against a company include:
- Issues involving wrongful termination, such as a company illegally terminating you based on a protected characteristic, such as your age or gender;
- Issues involving workplace harassment or other forms of employment discrimination, such as being denied a position or promotion based on a protected characteristic;
- Wage and benefit issues, such as a company failing to timely pay your wages or provide you with promised benefits;
- Issues involving the sales of goods, such as a company failing to deliver a product that you purchased;
- Issues involving breaches of contract, such as the company breaching your employment contract;
- Issues involving a personal injury claim, such as a company injuring you by failing to maintain a safe premises, creating a defective product, or an employee injuring you, etc.
What Types of Lawsuits Can Be Initiated Against a Company?
Just as there are many different facts or circumstances that could lead to you wanting to sue a company, there are also many different types of lawsuits that may be initiated against a company.
Examples of common lawsuits filed against companies in Kansas include, but are not limited to:
- Personal injury lawsuits, including actual injuries against your person or property damage matters;
- 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;
- Lawsuits based on any other violations of civil statutes.
One of the most common lawsuits filed against companies in Kansas are personal injury lawsuits. Personal injury lawsuits are generally based on the legal theory of negligence. When filing a personal injury lawsuit based on a negligence in Kansas, 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;
- Next, the plaintiff must demonstrate that the company breached the duty of care that they owed to them;
- 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 real damages as a result of the company’s negligent actions or inaction.
- It is important to note that if the plaintiff cannot demonstrate that they suffered quantifiable damages, their lawsuit will likely be dismissed for failure to state a claim upon which relief may be granted.
What Types of Companies Can Be Liable?
In short, any company can be held liable for injuring another party or for violating federal, state, and/or local laws. For example, if a for-profit company, such as a corporation, limited liability corporation (“LLC”) or limited liability partnership (“LLP”) violates a civil statute or injures another party, then they may be held liable for such violations.
Similarly, non-profit companies, such as charities, can also be held liable for their violations of civil laws and statutes. Governmental agencies are also not immune from being held liable for injuring another party or violating a statute. However, governmental companies may have governmental immunity that will need to be navigated around before they are sued.
How Do I Sue a Company for Damages?
The process for suing a company for damages was discussed above. Once again, in order to sue a company for damages in Kansas, you are required to draft and file a civil lawsuit. Then, you must file that civil lawsuit in the proper venue and pay any court filing fees.
Once your lawsuit has been filed, you are required to then serve the lawsuit on the company to provide them legal notice. Generally, a company will have a registered agent that accepts civil lawsuits and legal services on its behalf. Registered agent information can be found in the company’s Certificate of Organization filed with the Kansas Secretary of State’s Office.
After serving the opposing party, the company will then have a period of time to file an answer to your civil lawsuit. Then, your lawsuit will then continue based on Kansas’ 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 You Have to File a Lawsuit in Kansas?
Kansas does have certain deadlines that you must adhere to when filing a lawsuit against a company. These deadlines are known as “statutes of limitations.” The statute of limitations in Kansas is generally defined as the time period that a person has to commence a lawsuit before they are barred from later bringing their lawsuit.
The exact deadline for your personal case will depend on the basis of your specific case. For instance, in Kansas, you generally have two years to file a personal injury lawsuit that involves defective products, medical malpractice, dangerous properties, or other common lawsuits that result in an injury to a person. This law can be found in Kansas Statutes § 60-513(a)(4) (2024).)
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?
If you have suffered an injury or have otherwise been damaged as a result of a company in Kansas, then it is in your best interests to consult with an experienced Kansas business lawyer. At a consultation with an experienced business lawyer, the attorney will be able to help you determine your best course of legal action and answer any questions that you may have.
Further, an attorney will also be knowledgeable about Kansas’ civil procedure laws. This means that the attorney will be able to represent you throughout the entire legal process should you choose to hire them to assist you in your lawsuit. Finally, an attorney will also be able to represent your interests in court, as needed.
