Filing a lawsuit against a company requires a thorough understanding of many different areas of law. In addition to laws regarding legal theory, you must also understand the laws concerning civil procedure.
Civil procedure laws are the set of laws that must be followed when initiating and engaging in a lawsuit against a company. The general process for filing a civil lawsuit against a company in Missouri is as follows:
- Identify Your Legal Claims and Legal Theory: The first step in initiating a civil lawsuit against a company in Missouri is identifying and understanding the basis for your lawsuit.
- This means you will need to identify and understand the legal theory on which you are basing your lawsuit;
- Draft and File Your Complaint: After you identify the basis for your lawsuit, you will then need to actually draft your lawsuit.
- This will include outlining your legal claims and also naming the defendant that you are alleging has caused you damages;
- Provide Notice to the Defendant: After filing your civil lawsuit, you then must properly serve the lawsuit on the defendant to provide them notice;
- Pre-trial: After your civil lawsuit has been served on the defendant, the defendant will then have a period of time to file an answer/defense to your claim.
- Generally at this point in time, you will begin conducting civil discovery and engaging in negotiations with the defendant in order to try and reach a settlement prior to the trial.
- Civil discovery is the process by which both sides demand and gather evidence to support their claims;
- Trial Phase: Finally, if you are unable to resolve your lawsuit prior to your trial date, your case will then be set before a judge and/or jury for a formal trial proceeding.
A local attorney in Missouri will be most familiar with the entire civil process and be able to assist you in drafting your lawsuit, properly serving it, and continuing 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, as mentioned above, includes engaging in the discovery process to gain evidence. Finally, they can also help prepare and represent you at the trial phase.
What Are the Reasons I Can Sue a Company For?
There are many different reasons that a company may be sued in the state of Missouri. Examples of common reasons which may serve as a basis for a lawsuit against a company in Missouri include:
- Wrongful termination issues, such as the company illegally terminating you as an employee;
- Issues surrounding workplace harassment or other forms of employment discrimination, such as you being denied a position or promotion based on a protected characteristic;
- Wage and benefit issues, such as a company failing to timely pay you your wages or benefits that were promised to you;
- Issues involving infringement of intellectual property rights either by an employee or the company stealing the rightful intellectual property of an employee;
- Issues involving breaches of contract, such as the company breaching your employment contract;
- Issues involving a personal injury claim, such as you being injured as a result of a company 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?
Just as there are a variety of reasons why a lawsuit may be initiated against a company, there are also many different forms that a lawsuit may take. Examples of common lawsuits filed against companies in Missouri include, but are not limited to:
- Personal injury lawsuits, including both actual injuries to a person or property damage;
- Products liability lawsuits;
- Malpractice lawsuits;
- Premises liability lawsuits;
- Breaches of contract lawsuits, such as breaches of sales agreements or employment contracts;
- Workplace discrimination or harassment lawsuits;
- Nuisance lawsuits;
- Defamation or libel lawsuits;
- Lawsuits based on fraud, including tax fraud lawsuits;
- Any other violations of federal laws for which an individual may suffer damages and/or be entitled to statutory damages.
One of the most common lawsuits filed against a company is a personal injury lawsuit. In general, these lawsuits are based on negligent action by the company or an employee of the company.
When filing a personal injury lawsuit based on a negligence in Missouri, the plaintiff (i.e., the person alleging they were injured) must prove all of the following elements:
- First, the company owed them a legal duty of care.
- In general, a legal duty of care arises either due to their relationship (such as an employer-employee relationship or doctor-patient relationship) or status (such as their status of being an invitee, licensee, or trespasser);
- That the company breached the duty of care that they owed to the plaintiff through an act of negligence;
- 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 as a result of the company’s negligent actions or inaction.
- In other words, if the plaintiff did not suffer any actual monetary or other damages, their claim will be dismissed for failure to state a claim upon which relief may be granted.
What Types of Companies Can Be Liable?
In Missouri, any company can be held liable for their actions or inactions if they violate federal, state, and/or local laws. For example, a for-profit company, such as a corporation, limited liability corporation (“LLC”) limited liability partnership, or sole proprietor may all be held liable for violations of the law.
Similarly, non-profit companies, such as charities or non-profit organizations, can also be held liable for their violations of the law. Other types of companies, such as government agencies, may also be held liable. However, governmental companies often possess governmental immunity that will need to be navigated around in order to recover damages from them.
How Do I Sue a Company for Damages?
The process for suing a company for damages was outlined generally above. However, the exact process for suing a company will be dependent on your specific case. Typically, in order to sue a company for damages in Missouri, you must first draft a civil lawsuit.
After drafting your lawsuit, you must file your civil lawsuit in the proper venue. The appropriate venue is generally the district court in the county that you live in, but it may also be the county in which your injury occurred.
Once your lawsuit has been filed, you must then serve the lawsuit on the company, which will generally be the registered agent of the company. After providing proper notice to the company, the opposing party will have a period of time to file an answer to your civil lawsuit.
After the company’s answer period has passed, your lawsuit will then continue based on Missouri 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?
There are deadlines that you must be aware of when filing a lawsuit against a company. These deadlines are known as “statutes of limitations.” The statute of limitations is the time period that you have to commence a lawsuit before you are barred from later bringing the lawsuit.
The exact deadline for your personal case will depend on the basis of your specific case. For instance, the personal injury statute of limitations in Missouri is found in Missouri Revised Statutes section 516.12.
Typically, the statute provides that the “clock” for filing your lawsuit starts on the date of the accident or incident that led to the injury. At that point, you have five years from the date to commence your lawsuit. As such, if you fail to commence your personal injury claim within the prescribed time frame, you will then be barred from bringing a civil lawsuit against the company later.
What Kind of Lawyer Do I Need to Sue a Company?
You could be experiencing any legal issues or have suffered damages related to a company in Missouri. In that case, it is in your best interests to consult with an experienced Missouri business lawyer. An experienced business lawyer will be able to help you determine the best course of legal action in order to recover your damages or resolve your legal issues.
Further, an attorney will also be knowledgeable with civil procedure laws of the state. As such, an attorney can represent you throughout the entire legal process, from drafting the initial lawsuit to appearing in court. Finally, an attorney will also be able to represent your interests in court, should a trial or other in-court action be necessary.
