Filing a lawsuit against a company in Nevada requires a general understanding of many different areas of the law. For instance, you must understand laws concerning civil procedure, case law, and numerous other civil laws and statutes.
As far as the exact process for filing a lawsuit against a company in Nevada, that will be dependent on the type of lawsuit that you are seeking to file. In general, the process for filing a lawsuit is as follows:
- Identify Your Legal Claim(s): The first step in initiating a civil lawsuit against a company in Nevada is understanding the basis for your lawsuit.
- In other words, you will need to know your legal claim(s) and the legal theory that your lawsuit will be based on;
- Draft and File Your Complaint: After you identify the basis for your lawsuit, you will then need to draft your lawsuit.
- You must also file your lawsuit in the appropriate venue and pay the required filing fees;
- Serve Your Lawsuit: After filing your civil lawsuit, you then must serve your lawsuit on the defendant in order to provide them legal notice of your claim(s) against them.
- A company will typically have a registered agent that accepts lawsuits on behalf of the company;
- Pre-trial: After your civil lawsuit has been served on the defendant, the defendant will then have an opportunity to file an answer.
- Generally, at this point in time, settlement negotiations with the defendant will begin in order to try and reach a settlement prior to the trial.
- Pre-trial motions may also occur at this point in time, such as the defendant filing a motion to dismiss your claim, etc.;
- Trial Phase: If you are unable to resolve your lawsuit with the defendant prior to trial, your case will then be set before a judge or jury for a formal hearing on your claims.
A local attorney in Nevada will be most familiar with the entire civil process outlined above. An attorney will also be able to assist you with the complete pre-trial phase of your lawsuit, including gathering evidence to support your claim. Finally, an attorney can also help prepare and represent you at trial.
What Are the Reasons I Can Sue a Company For?
As mentioned above, there are numerous reasons in which you may sue a company. Common reasons which may serve as a factual basis for your legal claims against a company include:
- A company engaging in acts that are considered to be wrongful termination, such as a company illegally terminating you based on a protected characteristic (gender, age, race, etc.);
- Cases involving workplace harassment or other forms of employment discrimination, such as being denied a position or promotion based on a protected characteristic;
- Cases involving your wages and benefits, such as a company failing to timely pay your wages or provide you with promised benefits;
- Cases involving breaches of contract, such as the company breaching your employment contract;
- Cases involving a personal injury claim, such as a company injuring you by 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?
There are many different lawsuits that you may file against a company. Examples of common lawsuits filed against companies in Nevada include, but are not limited to:
- Personal injury lawsuits;
- Products liability lawsuits;
- Malpractice lawsuits;
- Premises liability lawsuits;
- Breaches of contract lawsuits;
- Workplace discrimination or harassment lawsuits;
- Nuisance lawsuits;
- Defamation or libel lawsuits;
- Lawsuits based on fraud, including tax fraud lawsuits;
- Any other violations of civil statutes by a company that provides damages to an injured or wronged party.
One of the most common lawsuits filed against companies in Nevada are personal injury lawsuits. Personal injury lawsuits are generally based on the legal theory of negligence. When filing a personal injury lawsuit based on a negligence, the plaintiff (i.e., the person alleging they were injured) must typically prove all of the following legal elements in order to recover from a company:
- First, the company owed them a legal duty of care.
- In general, a legal duty of care will arise either due to a relationship (such as an employer-employee relationship or doctor-patient relationship) or the plaintiff’s status (such as their status of being an invitee, licensee, or trespasser);
- Next, the plaintiff must demonstrate that the company breached the legal duty of care that they owed to the plaintiff;
- Then, the plaintiff must then show that the company’s breach of duty was the actual and proximate cause of their injuries; and
- Finally, the plaintiff must demonstrate that they suffered actual and quantifiable damages as a result of the company’s negligent actions or inaction.
What Types of Companies Can Be Liable?
In short, any company can be held liable for civil violations. For instance, a for-profit company, such as a corporation, limited liability corporation (“LLC”), or partnership that violates a civil statute and injures another party may be held liable for such violations.
Similarly, non-profit companies, such as charities or non-profit organizations, can also be held liable for their violations of civil laws and statutes. Governmental agencies similarly may be held liable for violations of civil laws and statutes.
How Do I Sue a Company for Damages?
The process for suing a company for damages was outlined generally above. Once again, in order to sue a company for damages in Nevada, you must first determine the basis for your civil lawsuit and draft it. Next, you must then file your civil lawsuit in the proper venue. In general, the appropriate venue will be the district court in the county that you live in. However, the venue may also be the court where your injury occurred.
Once your lawsuit has been filed, you must then serve your lawsuit on the company. Once again, a company will have a registered agent that accepts civil lawsuits on behalf of the company. After providing notice to the opposing party, the company will have a period of time to file an answer to your civil lawsuit.
After the company’s answer period has passed or they have filed an answer, your lawsuit will then continue based on Nevada’s 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?
In short, it depends. Nevada has laws known as “statutes of limitations” that put deadlines on the amount of time that you have to file a personal injury lawsuit in court. The statute of limitations is generally defined in Nevada as the time period that a person has to commence a lawsuit before they are barred from later bringing the lawsuit.
The exact deadline for your lawsuit will depend on the exact type of lawsuit that you are seeking to file. For instance, Nevada Revised Statutes § 11.190(4) provides that you have two years to initiate a personal injury lawsuit.
As such, if you fail to commence your personal injury claim within two years, you will then be barred from later bringing a civil lawsuit against the company. Importantly, there are some exceptions, but the general rule is two years for personal injury lawsuits.
What Kind of Lawyer Do I Need to Sue a Company?
If you have suffered an injury or damages as a result of a company in Nevada, then it is in your best interests to consult with an experienced Nevada business lawyer. At a consultation with an experienced business lawyer, they will be able to answer any questions you may have and help you determine your best course of legal action. In most cases, these initial consultations may be at little to no cost to you.
Importantly, an attorney will be knowledgeable about Nevada’s laws and the entire civil procedure process. As such, an attorney will be able to represent you throughout the entire legal process. Attorneys are also useful in helping you negotiate and reach a pre-trial settlement with the company. Finally, an attorney will also be able to represent your interests in court, should a trial become necessary.
