In order to begin the process of filing a lawsuit against a company, you must understand a variety of different laws. In general, you must have an understanding of legal theory, civil procedure, and case law.
As far as the process for filing a lawsuit against a company in Louisiana, the process will generally proceed as follows:
- Pre-Lawsuit Phase: The first thing that you should generally consider prior to filing a lawsuit against a company is to attempt a resolution with the company;
- Draft and File Your Lawsuit: If negotiating a resolution fails, then you should proceed to determine the basis for your lawsuit. And then draft your lawsuit.
- Importantly, your lawsuit will need to outline all of your legal claims, name the company or party that you believe to be responsible for your damages, as well as state the relief and/or damages that you are seeking;
- Serve Your Lawsuit on the Defendant: After you’ve filed your lawsuit, you must then provide notice of the lawsuit on the defendant company by serving them;
- Pre-Trial Phase: After your lawsuit has been served on the defendant company, the defendant will then have an answer period or time to respond to your lawsuit.
- Generally, during the pre-trial phase, you will undergo civil discovery to gather evidence to further support your claim and attempt to negotiate a settlement; and
- Trial Phase: If you are unable to settle your lawsuit prior to trial, then your case will then proceed to a formal trial.
A local attorney in Louisiana will be knowledgeable about the entire civil procedure process regarding filing a lawsuit against a company. An attorney will also be able to assist you throughout all phases of the lawsuit.
What Are the Reasons I Can Sue a Company For?
There are many different reasons why a company may be sued in Louisiana. Examples of common reasons that you can sue a company in Louisiana include, but are not limited to:
- Wrongful termination issues, such as the company firing you illegally based on a protected characteristic, such as your gender, race, or disability;
- Workplace harassment or other forms of employment discrimination;
- Hour and wage issues, including a company failing to timely pay you or provide you with benefits you were promised;
- Contract issues, such as the company breaching a contract, warranty, or breaching an employment contract;
- Personal injury claim matters, such as a company injuring you by failing to maintain a safe premises, creating a defective product, or directly causing you harm.
What Types of Lawsuits Can Be Initiated Against a Company?
Similar to the factual reasons why a company can be sued, there are also many different types of lawsuits that can be initiated against a company in Louisiana. Examples of common lawsuits include:
- Personal injury lawsuits, including property damage claims or other injury claims based on negligence or strict liability;
- Products liability lawsuits, such as defective products cases;
- Malpractice lawsuits, such as professional malpractice;
- Premises liability lawsuits, such as slip and fall cases;
- Breach of contract lawsuits, such as a breach of a sales contract or an employment contract;
- Discrimination or harassment lawsuits, such as discrimination lawsuits;
- Defamation or libel lawsuits;
- Lawsuits based on fraud.
One of the most common lawsuits that individuals file against companies in Louisiana are personal injury lawsuits. Personal injury lawsuits are commonly based on the legal theory of negligence.
As such, the process for recovering for injuries in a personal injury lawsuit based on the theory of negligence requires that a plaintiff (i.e., the person alleging they were damaged by the company) prove the following legal elements:
- That the company owed them a duty of care;
- That the company breached the duty of care that they owed them;
- That the company’s breach of duty was the actual and proximate cause of their injuries; and
- That the plaintiff suffered actual and quantifiable damages.
What Types of Companies Can Be Liable?
It is important to note that any type of company can be held liable for any actions which violate federal, state, and/or local laws. This means that both for-profit companies, such as corporations, limited liability corporations (“LLCs”) or partnerships, as well as non-profit companies, such as charities, can be held liable for violating a civil statute.
Additionally, any other forms of companies, such as government agencies, may also be held liable for violations of the law or for actions or inactions that result in another party being injured. However, governmental companies may have governmental immunity that a plaintiff would have to navigate around when suing them.
How Do I Sue a Company for Damages?
In order to sue a company in Louisiana for damages, the general process follows the one that was outlined above. Once again, the general process for suing a company involves first identifying the basis for your civil lawsuit and determining your legal claims and damages.
After you identify the basis for your lawsuit against the company, you will then need to actually draft your civil lawsuit and file it in the appropriate venue. Then, you will also need to pay any filing fees.
Once your lawsuit has been filed in the proper venue, you must then serve the civil lawsuit on the company or parties that you named in the lawsuit. The company will then have a period of time to file an answer or counterclaim to your lawsuit.
After the defendant company’s answer period has passed, your lawsuit will then continue based on Louisiana’s civil laws and procedures. Finding a lawyer to sue a company on your behalf is often in your best interests as they will be familiar with the proper civil process.
How Long Do I Have to File a Lawsuit Against a Company?
Importantly, there are deadlines that you should be aware of when filing a lawsuit against a company. These deadlines are known as “statutes of limitations.” The statute of limitations is a legal term that refers to the period of time in which you have to file your lawsuit or risk being barred from later bringing your lawsuit.
The exact statute of limitations deadline will depend on the type of lawsuit that you file. For example, if you are seeking to file a personal injury lawsuit against a company in Louisiana, you will have one year from the date of your accident to file your lawsuit against that company, according to Louisiana Civil Code article 3492.
Importantly, if you fail to file your claim by the prescribed deadline, then you will be barred from bringing that civil lawsuit against the company later. In other words, you will have exceeded the statute of limitations for bringing your civil claim.
What Kind of Lawyer Do I Need to Sue a Company?
If you are experiencing any legal issues involving a company in Louisiana or have suffered damages as a result of a company’s actions or inactions, then consulting with an experienced Louisiana business lawyer may be in your best interest. An experienced business lawyer will be able to help you determine your best course of legal action and any questions that you may have regarding suing a company.
An attorney will also be familiar with all of the laws involved in suing a company in the state, including civil procedure laws. As such, an attorney will be able to assist you in conducting civil discovery, as well as represent you at any pre-trial hearings.
An attorney will also be able to help you negotiate a pre-court settlement in your case by negotiating with the company directly or their insurance company, if applicable. Finally, an attorney will also be able to represent your interests in court if a formal hearing is needed.
