The process of filing a lawsuit against a company in New Hampshire requires an understanding of a variety of different areas of the law. For example, you must possess a knowledge of laws regarding legal theory, civil procedure, and case law, to name a few.
The exact process for filing a civil lawsuit against a company in New Hampshire will depend on the type of lawsuit that you are seeking to file. In general, lawsuits typically proceed as follows:
- Legal Claims Are Identified: The first step for you to initiate a civil lawsuit against a company in New Hampshire is to identify and understand the basis for your lawsuit.
- This means that you will need to identify and understand the legal theory that will serve as the basis for your lawsuit;
- Complaint Is Drafted: After you have identified the basis for your lawsuit, you will then need to actually draft the lawsuit.
- A lawsuit will name the defendant company that has allegedly caused you damages and include a description of all of your legal claims against the company;
- Defendant Is Served: After filing your civil lawsuit, you must then properly serve the lawsuit on the defendant;
- Pre-trial Phase Begins: After your civil lawsuit has been served on the defendant company, the defendant will then have a period of time to file an answer to your lawsuit.
- 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 phase;
- The Trial Phase Commences: Finally, if you are unable to resolve your civil lawsuit prior to your trial date, your case will then proceed before a judge or jury.
A local attorney in New Hampshire will be most familiar with the entire civil process outlined above and will be able to assist you from the beginning of the process to the end.
What Are the Reasons I Can Sue a Company For?
There are many different reasons why you may be used as reasons for you to wish to sue a company in New Hampshire. Examples of common reasons that may serve as a factual basis for a lawsuit against a company in New Hampshire include:
- Wrongful termination issues, such as the company illegally terminating you based on a protected characteristic, such as your race or gender;
- Issues surrounding workplace harassment or other forms of employment discrimination;
- Wage and benefit issues, such as a company failing to timely pay your wages or provide you with benefits;
- Issues involving a product of the company or a premises operated by a company causing you harm;
- Issues involving breaches of contract, such as the company breaching an employment contract;
- Any other issues involving a personal injury claim, such as you being injured as a result of an employee of a company injuring you.
What Types of Lawsuits Can Be Initiated Against a Company?
Numerous lawsuits may be initiated against a company in New Hampshire. Examples of common lawsuits that are filed against companies in New Hampshire include, but are not limited to:
- Personal injury lawsuits;
- Products liability lawsuits;
- Malpractice lawsuits;
- Premises liability lawsuits;
- Breach of contract lawsuits;
- Discrimination lawsuits;
- Nuisance lawsuits;
- Defamation or libel lawsuits;
- Lawsuits based on fraud.
One of the most common lawsuits filed against a company in New Hampshire is a personal injury lawsuit. Typically, a personal injury lawsuit is based on a negligent action of the company.
As far as the exact process for filing a personal injury lawsuit based on a negligence in New Hampshire, the plaintiff (i.e., the person alleging they were injured) must generally prove all of the following legal elements:
- First, the company owed them a legal duty of care;
- Next, the company breached the duty of care that it owed to the plaintiff through an act of negligence;
- Next, the company’s breach of duty was the actual and proximate cause of the plaintiff’s injuries; and
- Finally, the plaintiff must show 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 New Hampshire, any company can be held liable for any action or inaction that violates federal, state, and/or local laws or results in another party being injured. For example, if a for-profit company, such as a corporation, limited liability corporation (“LLC”), limited liability partnership (“LLP”), or sole proprietor injures a person due to their negligence, they all may be held liable for that negligence.
Similarly, non-profit companies, such as charities or non-profit organizations, can also be held liable for their violations of the law or civil statutes. Government agencies may also be held liable.
How Do I Sue a Company for Damages?
In order to sue a company for damages, the process was discussed generally above. However, the exact process for suing a company will once again be dependent on your specific case and the type of lawsuit that you file.
Typically, in order to sue a company for damages in New Hampshire, you must first draft a civil lawsuit. After drafting your lawsuit, you must file it in the proper venue. The appropriate venue is typically the district court in the county that you live in or the county in which you were injured.
Once your lawsuit has been filed, you must then provide the defendant company proper notice by serving it on them. This is commonly accomplished by a law enforcement officer or process server serving the company’s registered agent. After providing proper notice to the company, the opposing party will then 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 New Hampshire’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?
It is important to be aware of certain deadlines when filing a lawsuit against a company. These deadlines are known as “statutes of limitations.” The statute of limitations is defined as 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 example, the personal injury statute of limitations in New Hampshire is three years and can be found in New Hampshire Revised Statutes § 508:4.
Typically, the statute provides that the “clock” for filing your personal lawsuit starts on the date of the accident or incident that led to the injury. At that point, you have three years from the date to commence your lawsuit. Then, if you fail to commence your personal injury claim within the prescribed time frame, you will be barred from later bringing your civil lawsuit against the company.
What Kind of Lawyer Do I Need to Sue a Company?
If you are experiencing any legal issues or have suffered damages related to a company in New Hampshire, then it is in your best interests to consult with an experienced New Hampshire business lawyer.
LegalMatch can connect you with the ideal lawyer for your particular circumstances. An experienced business lawyer will be the most knowledgeable regarding all of the laws of the state mentioned above.
An attorney will also be able to help you determine the best course of legal action in order to recover your damages or resolve your legal issues. They will also be able to answer any questions that you may have regarding your case. Finally, an attorney will also be able to help you initiate your lawsuit and represent your interests in court, should a trial or other in-court action be necessary.
