Filing a lawsuit against a company in Kentucky requires a general understanding of many different laws. For instance, you must understand laws concerning civil procedure, case laws, and numerous other civil laws and statutes.
The exact process for filing a lawsuit against a company in Kentucky will depend on the type of lawsuit that you file. In general, the process for filing a lawsuit is as follows:
- Identify Your Legal Claim(s): The first step in initiating a civil lawsuit against a company in Kentucky is understanding the basis for your lawsuit, which requires you to state and know your legal claim(s), 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 state your legal claims and name the company allegedly responsible for your alleged damages;
- Serve Your Lawsuit: After filing your civil lawsuit, you then must serve your lawsuit on the defendant in order to provide them legal notice of your claim(s) against them.
- A company will typically have a registered agent that accepts lawsuits on behalf of the company;
- Pre-trial: After your civil lawsuit has been served on the defendant, the defendant will then have an opportunity to file an answer.
- 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 the defendant filing a motion to dismiss your 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 Kentucky will be most familiar with the entire civil process outlined above. An attorney will also be able to assist you with the complete pre-trial phase of your lawsuit, including gathering evidence to support your claim. Finally, an attorney can also help prepare and represent you at trial.
What Are the Reasons I Can Sue a Company For?
As mentioned above, there are many reasons in which you may sue a company. Examples of common reasons that may serve as a factual basis for your legal claims against a company include:
- Issues involving wrongful termination, such as a company illegally terminating you, such as 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;
- Issues involving your wages and benefits, such as a company failing to timely pay your wages or provide you with promised benefits;
- 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.
What Types of Lawsuits Can Be Initiated Against a Company?
There are many different lawsuits that you may file against a company. Examples of common lawsuits filed against companies in Kentucky include, but are not limited to:
- Personal injury lawsuits;
- 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 civil statutes that provide damages to an injured or wronged party.
One of the most common lawsuits filed against companies in Kentucky 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, the plaintiff (i.e., the person alleging they were injured) must typically prove all of the following legal elements in order to recover from a company:
- 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 legal duty of care that they owed to the plaintiff;
- Then, 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?
In short, any company can be held liable for violating federal, state, and/or local laws. For instance, a for-profit company, such as a corporation, limited liability corporation (“LLC”), or partnership that violates a civil statute and injures another party may be held liable for such violations.
Similarly, non-profit companies, such as charities or non-profit organizations, can also be held liable for their violations of civil laws and statutes. Governmental agencies may also be held liable.
How Do I Sue a Company for Damages?
The process for suing a company for damages is outlined above. Once again, in order to sue a company for damages in Kentucky, you must first determine the basis for your lawsuit and draft it. Then, you must file that civil lawsuit in the proper venue.
In general, the appropriate venue will be the district court in the county that you live in. However, the venue may also be the court where your injury occurred.
Once your lawsuit has been filed, you must then serve the lawsuit on the company. Once again, 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 Kentucky 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?
In short, it depends. There are deadlines that you must know if you wish to file a lawsuit against a company. These deadlines are known as “statutes of limitations.” The statute of limitations is generally defined in Kentucky as the time period that a person has to commence a lawsuit before they are barred from later bringing the lawsuit.
The exact deadline for a lawsuit will depend on the basis of your specific case. For instance, according to Kentucky Revised Statutes section 413.140(1), Kentucky’s statute of limitations for personal injury cases is one year. This means that people have one year 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?
If you believe that you have suffered an injury or damages due to a company in Kentucky, then it is in your best interests to consult with an experienced Kentucky business lawyer. An experienced business lawyer will be able to help you determine your best course of legal action, as well as answer your questions during a consultation. In most cases, initial consultations regarding lawsuits against a company may be at little to no cost to you.
An attorney will be knowledgeable about Kentucky’s civil procedure. An attorney will also 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 or other in-person court proceeding become necessary.
