If someone is considering filing a lawsuit against a company in New Jersey, it may be helpful to have information on the process. It is important to be aware that the process may be different depending on several factors, such as:
- The type of company;
- The laws of the jurisdiction;
- The facts of the specific issue; and
- The legal theories upon which their claim is based.
It may be helpful to begin by consulting with a local attorney in New Jersey who can explain the exact steps in detail. Generally, however, a lawsuit will be filed in the state or county where an incident occurred or where a defendant conducts business or is registered.
The first step in filing a lawsuit is to file a summons and complaint and pay the filing fee. Next, the individual called the plaintiff will be required to serve a copy of the lawsuit on all of the defendants. This step is usually completed by the local sheriff’s department. The complaint identifies the defendants being sued and outlines the nature of the issues as well as the remedies that the plaintiff is seeking.
It is important to be aware that many companies have the financial resources to vehemently defend claims that are made against them and they may even have attorneys on staff to handle these types of issues. This means that it is very important for someone to have legal representation when suing a company to help ensure the best possible outcome.
What Are the Reasons I Can Sue a Company For?
There are countless reasons why someone may want to sue a company, such as:
- Harassment either as an employee or as a patron of the business;
- Non-payment of a salary;
- Providing misleading information about the company’s financial situation;
- Wrongful termination;
- Not returning money that was owed, such as a security deposit;
- Employment discrimination;
- Infringing upon an individual’s intellectual property rights or plagiarize their work;
- Misleading product claims;
- 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.
An individual’s lawyer can help them determine which claims they may be able to bring, whether there is only one or if there are multiple claims they can make.
What Types of Lawsuits Can Be Initiated Against a Company?
There are also seemingly countless legal theories that an individual can use to sue a company, such as:
- Breach of contract;
- Products liability;
- Premises liability;
- Discrimination or harassment;
- Nuisance;
- Professional malpractice;
- A personal injury claim;
- Defamation;
- Tax fraud;
- False advertising;
- Violations of federal laws.
What Types of Companies Can Be Liable?
Almost any type of company may be held liable if they engage in conduct that violates local, state, or federal laws. Examples of the categories of companies that may be held liable include:
- Small business owners;
- Solo practitioners;
- Schools;
- Hospitals;
- Government agencies at the following levels:
- Non-profit organizations, such as charities;
- For-profit companies, such as:
- Corporations;
- Limited liability companies;
- Partnerships;
- Other types of for-profit companies;
- Retail chain stores;
- Other types of companies.
The structure of a business determines its liability. For example, if a limited liability company (LLC) is sued, only the company itself may be held liable for damages. These types of companies are structured specifically to help the owners avoid liability.
When a corporation is sued, on the other hand, the corporation itself and its individual owners can be sued for damages. This means that the individual would name both the company and the owners of the company in their lawsuit.
How Do I Sue a Company for Damages?
There are several things someone can do when filing a lawsuit against a company to increase their chances of being successful. Prior to filing, they should ask a company representative if there is another way to resolve their issue outside of legal action.
In many cases, the company will want to keep its customers happy and will work with them to avoid litigation. It is important for an individual to notify the company in writing of any problems.
If the company will not fix the issue or fails to do so, an individual should obtain advice from a lawyer. It is essential to ensure that evidence to support a claim is collected, which may include:
- Emails
- Reports
- Letters
- Business policies
- Other documentation and evidence
It may also be helpful to consider the type of claim to be filed and the possible damages. At this point, it is usually good to seek advice from a lawyer.
If the case only involves a small amount of monetary damages, $3,000 or less, in New Jersey, an individual can file their claim in small claims court. This may save both legal fees and time.
Even though someone can represent themselves in small claims court, they should still consult with a lawyer who can provide them with advice and answer questions about their potential claim. If an individual decides to hire a lawyer, they would handle the filing and legal strategies for the case, such as:
- Filing the complaint;
- Serving the defendant with notice;
- Preparing the case;
- Responding to motions;
- Gathering evidence; and
- Subpoenaing necessary witnesses.
Typically, the plaintiff will also have to pay filing fees. If their claim is successful, they may be able to recover damages, including:
- Monetary damages;
- Replacement products;
- Requiring the company to change their company:
- Handbooks;
- Policies;
- Procedures;
- Various economic and noneconomic damages;
- Punitive damages or fines; and
- Restitution.
How Long Do I Have to File a Lawsuit Against a Company?
There are usually time limits on filing a lawsuit against a company, as well as any other type of claim, known as the statutes of limitations. This time limit will depend on the laws of the jurisdiction as well as the type of claim filed.
If a claim is not filed within the required time, the plaintiff will not be able to recover damages. An individual may be able to find this out on their own, but it is important to consult with a lawyer to sue a company and ensure they know the proper time limit.
What Kind of Lawyer Do I Need to Sue a Company?
Navigating any court system may be difficult and overwhelming for you without the assistance of an attorney. In order for you to have a successful lawsuit, you will need to know the proper strategies and procedures, such as the proper court to file in, arguments to anticipate from the other side, what evidence to present, and more.
If you need to sue a company in New Jersey, it is important to reach out to a New Jersey business lawyer who can help you determine your best legal options for damages. If the company you sue wants to settle your claim outside of the courtroom, your lawyer will represent you during negotiations as well.
Your lawyer will be present any time you appear in court and will present the evidence to the judge or jury on your behalf. Your lawyer will also be aware of the possible defenses the other side may present and how to counter those in the best way possible.
