In order to begin the process of filing a lawsuit against a company, you must understand a variety of different laws. For instance, you must have a general understanding of legal theory, civil procedure, and case law.
It is important to note that the exact process for filing a lawsuit will be dependent on the exact type of lawsuit you are filing. However, in general, the process for filing a lawsuit against a company in Mississippi will proceed as follows:
- Pre-Lawsuit Phase: The first thing that you should generally consider prior to ever filing a lawsuit against a company is to attempt to negotiate a resolution with the company.
- Then, if you are unable to reach a resolution with the company, you may then proceed to filing a lawsuit by determining the basis for your lawsuit;
- Draft and File Your Lawsuit: After determining the basis for your lawsuit against the company, you must then actually draft your lawsuit.
- Importantly, your lawsuit will need to outline all of your legal claims, identify and name the company you believe to be responsible for your damages, and state 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 company, the company 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 laws on civil procedure in Mississippi;
- Trial Phase: If you are unable to settle your lawsuit prior to trial, your case will then proceed to a trial in front of either a judge or jury.
A local attorney in Mississippi will be knowledgeable about the entire civil procedure process that is involved in filing a lawsuit against a company. This means that an attorney will also be able to assist you throughout all phases of your lawsuit.
What Are the Reasons I Can Sue a Company For?
There are many different reasons why a company may be sued in Mississippi. Examples of common reasons that may serve as a basis for suing a company in Mississippi 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 your gender, age, or race;
- Workplace harassment or other forms of employment discrimination;
- Hour and wage issues, such as a company failing to timely pay you or provide you with promised benefits;
- The sales of goods, such as a company failing to deliver a good that was paid for or delivering a defective good;
- 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 a safe premises, creating a defective product that results in injuring you, or directly causing you harm.
What Types of Lawsuits Can Be Initiated Against a Company?
There are many different types of lawsuits that can be initiated against a company in Mississippi. Examples of common lawsuits 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, such as a breach of a sales contract or an employment contract;
- Discrimination or harassment lawsuits, such as workplace discrimination lawsuits;
- Defamation or libel lawsuits;
- Lawsuits based on fraud.
One of the most common lawsuits that individuals file against companies in Mississippi are personal injury lawsuits. Personal injury lawsuits are generally based on the legal theory of negligence.
In order to recover for injuries in a lawsuit based on the legal theory of negligence, a plaintiff (i.e., the person alleging they were damaged by the company) must 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 real and quantifiable damages.
What Types of Companies Can Be Liable?
It is important to note that any company in Mississippi can be held liable for any actions which violate federal, state, and/or local laws or result in an injury to a person. This means that both for-profit companies, such as corporations, limited liability corporations (“LLCs”) or partnerships, and non-profit companies, such as charities, can all be held liable for their illegal actions or inactions.
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 which result in an injury to another party. It is important to note, however, that 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?
The general process for suing a company in Mississippi was discussed above. Once again, the general process for suing a company involves first identifying the basis for your civil lawsuit. 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 instance, you may name either a single bad actor or both the actor and the company itself in your suit. Next, you will need to actually draft and file your civil lawsuit. You will also need to pay any required filing fees.
Once your lawsuit has been filed in the proper venue, you must then serve the civil lawsuit on the party or parties that you named in the lawsuit to provide them legal notice. 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 Mississippi 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 ensure your lawsuit is allowed to be filed. These deadlines are known as “statutes of limitations.” The statute of limitations is defined in Mississippi as the period of time in which you have to file your lawsuit or risk being barred from later bringing your lawsuit.
As far as the exact statute of limitations deadline, that will be dependent on the basis for your lawsuit. For example, if you sue a company based on a personal injury claim in Mississippi, Mississippi Code § 15-1-49 establishes the statute of limitations is three years from the date of your injury or the date when your injury was or should have reasonably been discovered.
As such, if you fail to file your claim by the prescribed deadline, you will then be barred from bringing your 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?
When suing a company, you will need an attorney who is familiar with a wide range of laws. As such, if you are experiencing any legal issues involving a company in Mississippi or have suffered damages as a result of a company’s actions or inactions, then it is in your best interests to consult with an experienced Mississippi business lawyer.
An experienced business lawyer will be able to help you determine your best course of legal action and any questions you may have in your initial consultation. An attorney will also be familiar with all of the laws regarding suing a company in the state. LegalMatch can help you find the right lawyer for your needs.
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.
