If an individual needs to file a lawsuit against a Nebraska company, it can be helpful to have information about the process and requirements. The process for suing a company in the state can vary depending on several factors, including:
- The type of company;
- The laws of the jurisdiction;
- The facts of their specific issue; and
- The legal theories upon which the claim is based.
An individual might think that filing a lawsuit against a company in Michigan may be necessary. If that is the case, it can be very helpful to begin by reaching out to a local attorney in Nebraska who can explain the exact steps for their type of claim in detail.
Generally, however, lawsuits are filed in the county or state where a defendant company is registered or conducts business or where an incident occurred. In order to initiate a lawsuit, an individual will pay a filing fee and file their summons and complaint.
Once the summons and complaint are filed, they must be served on the defendant company or defendants. The complaint names the parties being sued or the defendants and describes the issues as well as the remedies the plaintiff is requesting.
Once the defendant or defendants are served with a summons and complaint, they will have a specific number of days to respond.
If they fail to respond the court can enter a default judgment granting the plaintiff the remedies they requested in their complaint. Most companies, however, have the financial resources to defend against claims made against them and some even have employee lawyers just for this purpose.
Because of these issues, it is essential for an individual to have their own legal representation when suing a company in order to ensure they get the best outcome possible for their claim.
What Are the Reasons I Can Sue a Company For?
An individual may want to sue a company for nearly any reason they can think of. Examples of common reasons to sue companies include:
- Providing misleading information about the company’s financial situation;
- Harassment as an employee or as a patron of the business;
- Non-payment of a salary;
- Employment discrimination;
- Not returning money that was owed, such as a security deposit;
- Misleading product claims;
- Wrongful termination;
- Infringing upon an individual’s intellectual property rights or plagiarize their work;
- Breach of a warranty or contract;
- Causing injury to an individual in some way, such as:
- Failure to maintain a safe premises;
- An employee causing injury;
- A product produced by the company causing harm.
What Types of Lawsuits Can Be Initiated Against a Company?
Just as there are nearly infinite reasons why an individual may desire to sue a company, there are also numerous different legal theories a plaintiff can use as the basis of their lawsuit, for example:
- Defamation;
- Tax fraud;
- Professional malpractice;
- Products liability;
- Premises liability;
- Discrimination or harassment;
- Nuisance;
- A personal injury claim;
- False advertising;
- Breach of contract;
- Violations of federal laws.
What Types of Companies Can Be Liable?
Almost any type of business or company can face liability for conduct that violates federal, state, or local laws. The categories of companies that commonly face liability in lawsuits include:
- Government agencies at the local, state, and federal levels;
- Schools;
- Hospitals;
- Non-profit organizations, such as charities;
- Small business owners;
- Solo practitioners;
- For-profit companies, such as:
- Corporations;
- Limited liability companies;
- Partnerships;
- Other types of for-profit companies;
- Retail chain stores;
- Other types of companies.
The business structure of a company will determine the liability it may face. For example, corporations can be sued along with their individual owners.
Limited liability companies, however, can only be sued as an LLC. LLCs are structured so that the individual owners will not face liability for damages or debts incurred by the business.
How Do I Sue a Company for Damages?
Suing a company for damages can seem overwhelming, but a lawyer can help. There are also things the individual themselves can do to increase their chances of success.
First, the consumer can reach out to the company to determine if there is any way to resolve the issue outside of a courtroom. A business will often be interested in keeping customers happy so their reputation will remain intact.
It is essential to provide written notice to the company of any issues. If the business does not fix the issue or refuses to do so, it is important to seek legal advice.
When dealing with any type of business, an individual should keep copies of important documents and other items, such as;
- Reports
- Letters
- Emails
- Text messages
- Business policies
- Any other documentation or evidence
An attorney can help an individual determine the claim or claims they may have, as well as the types of damages they may be eligible to receive. If the claim only involves an amount less than $3,900, an individual can file in a Nebraska small claims court.
Although this can save time and legal fees, an individual is not allowed to be represented by a lawyer, which can harm their claim. If a customer decides they do need legal representation for their claim, their lawyer will take over handling all the steps and strategies for the case, including:
- Filing the complaint;
- Serving the defendant with notice;
- Preparing the case;
- Responding to motions;
- Gathering evidence; and
- Subpoenaing necessary witnesses.
The individual filing the claim will likely be required to pay filing fees. If the individual is successful in their claim, they may be eligible to recover damages, which may include:
- Monetary damages;
- A replacement product;
- Requiring the company to change their:
- Handbooks;
- Policies;
- Procedures;
- Various economic and noneconomic damages;
- Punitive damages or fines;
- Restitution.
How Long Do I Have to File a Lawsuit Against a Company?
A plaintiff will only have a certain amount of time to file a lawsuit under the state’s statutes of limitations. This time frame will vary by jurisdiction and the basis of the lawsuit.
If the claim is not filed in the time frame allotted under the law, the plaintiff will not be permitted to recover damages. Because of this, it is essential to consult with a lawyer to sue a company to ensure that an individual files their claim within the required time limit.
What Kind of Lawyer Do I Need to Sue a Company?
If you are considering suing a company, it can be overwhelming and stressful to consider navigating the court system by yourself. Having a Nebraska business lawyer on your case will provide you with a better chance of a successful claim and the outcome you desire. If you need to find a lawyer, LegalMatch can put you in touch with the right lawyer for your case.
Your lawyer will advise you of the laws in Nebraska, how they will apply to your claim, and what defenses to anticipate from the other side. If the company wants to try and settle your case outside of court, your attorney will represent you during negotiations to ensure that you receive a fair offer.
Your attorney will also represent you anytime you are required to appear in court, including courtroom meetings, such as a hearing. The company will likely have legal representation, so it is important to ensure that you do as well.
