In order to begin filing a lawsuit against a company, you must understand the laws regarding legal theory and civil procedure in the state of Maryland. Generally, when filing a lawsuit against a company in Maryland, steps and phases include:
- Pre-Lawsuit Phase: The first thing that you should generally do when considering filing a lawsuit against a company is to attempt to negotiate a resolution prior to seeking legal action.
- Then, if you are unable to reach a resolution with the company, you must determine the legal theory that your lawsuit will be based on;
- Draft and File Your Lawsuit: After determining the basis for your lawsuit against a company, you must then actually draft your lawsuit.
- Importantly, your lawsuit will outline all of your legal claims, as well as the relief/damages that you are seeking;
- Serve Your Lawsuit on the Defendant: After you’ve filed your lawsuit, you must then serve notice of the lawsuit on the defendant company;
- Pre-Trial Phase: After your lawsuit has been served on the defendant, the defendant will then have a period of time to file an answer/defense.
- After the defendant files a defense, your case will then proceed in accordance with the civil laws and procedures in Maryland.
- The discovery process by which both parties gather evidence will generally occur during this phase of a lawsuit;
- Trial Phase: If you are unable to settle your lawsuit prior to trial, your case will then proceed to a trial in front of a judge or jury.
A local attorney in Maryland will be knowledgeable about the entire civil procedure process that is involved in suing a company. An attorney will also be able to assist you from before the lawsuit is filed all the way until past the trial date.
What Are the Reasons I Can Sue a Company For?
There are many different reasons why you may wish to sue a company. Examples of common reasons you can sue a company in Maryland include, but are not limited to, legal issues involving:
- Wrongful termination, such as the company illegally firing you based on a protected characteristic, such as gender, race, or disability;
- Workplace harassment or other forms of employment discrimination, such as workplace bullying, etc.;
- Hour and wage issues, such as a company failing to timely pay you or provide you with promised benefits;
- Intellectual property, such as the company taking the intellectual property that you developed outside the workplace on your own time;
- Contract issues, such as the company breaching a contract or warranty or breaching an employment contract;
- Personal injury claim matters, such as a company injuring you by failing to maintain safe premises, creating a defective product, or directly harming you.
What Types of Lawsuits Can Be Initiated Against a Company?
There are also many different types of lawsuits that can be initiated against a company. Examples of common lawsuits that can be initiated against companies include:
- Personal injury lawsuits, including property damage claims or other claims based on negligence or strict liability;
- Products liability lawsuits, such as defective products cases;
- Malpractice lawsuits;
- Premises liability lawsuits;
- Breach of contract lawsuits, whether it be a breach of a sales contract or an employment contract;
- Discrimination or harassment lawsuits, such as workplace discrimination lawsuits;
- Defamation or libel lawsuits;
- Fraud lawsuits, such as false advertising, tax fraud, or other fraud matters.
One of the most common lawsuits that individuals file against companies in Maryland is personal injury lawsuits. Most personal injury lawsuits are based on the legal theory of negligence.
Recovering for injuries in a lawsuit based on the theory of negligence requires the plaintiff (i.e., the person alleging they were damaged by the company) to prove the following elements:
- That the company owed them a duty of care, whether due to their relationship (such as an employer-employee relationship or doctor-patient relationship) or status (such as them being an invitee, licensee, or trespasser);
- That the company breached the duty of care that it owed the plaintiff;
- That the company’s breach of duty was the actual and proximate cause of the plaintiff’s injuries; and
- That the plaintiff suffered actual and quantifiable damages (i.e., they can state a dollar amount) as a result of the company’s negligence.
What Types of Companies Can Be Liable?
It is important to note that any company can be held liable for its actions that violate federal, state, and/or local laws. This means that both a for-profit company, such as a corporation, limited liability corporation (“LLC”) or partnership, or a non-profit company, such as charities, can be held liable for their actions or inactions.
Additionally, other forms of companies, such as government agencies, may also be held liable for violations of the law or for injuring another party. 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 Maryland, you should follow the process outlined above. Once again, the general process for suing a company involves first identifying your legal theory.
After you identify the basis for your lawsuit against the company, you must then identify the party that you believe to be responsible for your damages. For example, you may name both a single actor and the company in your suit. Next, you will then need to draft your civil lawsuit and file it in the proper venue.
Once your lawsuit has been filed in the proper venue, you must then serve your civil lawsuit on the party or parties that you named in the lawsuit. That party will then have a period of time to file an answer to your lawsuit.
After the defendant company’s answer period has passed, your lawsuit will then continue based on Maryland 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 specific deadlines that you must meet in order to be able to file your lawsuit against a company. This deadline is known as a “statutes of limitations.” The statute of limitations is a legal term that refers to the period of time that you have to file your lawsuit or risk yourself being barred from later bringing your lawsuit.
As far as the exact time you have to file a lawsuit against a company, that will be dependent on the basis for your lawsuit. For example, if you sue a company based on a personal injury claim in Maryland, you will have three years from the date of your accident to file your lawsuit against that company.
Importantly, if you fail to file your claim within the prescribed time frame, you will then be barred from bringing a 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?
You may be experiencing issues involving a company in Maryland or have suffered damages as a result of a company’s actions or inactions. In that case, it is in your best interests to consult with an experienced Maryland business lawyer. An experienced business lawyer will be able to help you determine your best course of legal action, as well as answer any questions you might have. LegalMatch can help you find the right lawyer for your needs.
An attorney will also be familiar with the proper civil procedure laws regarding conducting civil discovery and representing you at any pre-trial hearings or filing pre-trial motions. An attorney will also be able to help you negotiate a pre-court settlement in your case by negotiating with the company or their insurance company, if applicable. Finally, an attorney will also be able to represent your interests in court, as needed.
