Before filing a lawsuit against a company, you should first attempt to settle your issues with the company directly. However, if you are not able to resolve your issues with the company directly, then you can seek to file a lawsuit as a means of recovering for any harm or damages suffered.
In order to file a lawsuit against a company in New Mexico, you must have a general understanding of many different areas of the law. For example, 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 New Mexico, that will be dependent on the type of lawsuit that you are seeking to file. However, the general process for filing a lawsuit is as follows:
- Identify Your Legal Claim(s): First, you must understand the basis for your lawsuit.
- In other words, you will need to know all of 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 actually draft your lawsuit.
- You must also file your lawsuit in the appropriate venue and pay the required court 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.
- All companies will typically have a registered agent that accepts lawsuits on behalf of the company, which may be found in the database maintained by the Corporations Division of the Secretary of State of New Mexico;
- 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.
- The discovery phase of the lawsuit will also occur at this point in time, which is the phase where both sides will request information from one another.
- 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 New Mexico will be most familiar with the entire process outlined above. This means that an attorney will be able to assist you with every phase of your lawsuit, including gathering evidence to support your claim.
What Are the Reasons I Can Sue a Company For?
As mentioned above, there are numerous reasons that may serve as your basis for wishing to 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 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 the company selling goods or services and not delivering on their end in one way or another;
- 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 New Mexico 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 New Mexico are personal injury lawsuits. Personal injury lawsuits are generally based on the legal theory of negligence.
In order for a plaintiff (i.e., the person alleging they were injured) to succeed in their personal injury lawsuit, they 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 on the company’s premises);
- 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.
What Types of Companies Can Be Liable?
In short, any type of company can be held liable for civil violations or actions that result in an injury to another party. For instance, a for-profit company, such as a corporation, limited liability corporation (“LLC”), or partnership that violates a civil statute or 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. Similarly, governmental agencies may also 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 discussed generally above. Once again, in order to sue a company for damages in New Mexico, you must first determine the basis for your civil lawsuit. Next, you must then draft and 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 to provide them with legal notice.
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 then 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 New Mexico’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. New Mexico has laws known as “statutes of limitations,” which serve as deadlines on the amount of time that you have to file a lawsuit in court. The statute of limitations is generally defined in New Mexico as the time period that a person has to commence a lawsuit before they are barred from later bringing the lawsuit. The purpose of these statutes is to preserve testimony and evidence.
The exact deadline for your lawsuit will depend on the exact type of lawsuit that you are seeking to file. For instance, New Mexico Statutes § 37-1-1 provides that you have three years to initiate a personal injury lawsuit.
As such, if you fail to commence your personal injury claim within three years, you will then be barred from later bringing a civil lawsuit against the company. Importantly, there are different statutes of limitations depending on the type of lawsuit that you are seeking to file. As such, it is important to understand these deadlines.
What Kind of Lawyer Do I Need to Sue a Company?
If you have suffered an injury or damages as a result of the actions or inaction of a company in New Mexico, then it is in your best interests to consult with an experienced New Mexico business lawyer.
At a consultation with an experienced business lawyer, the attorney will be able to answer any questions you may have as well as 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 New Mexico’s laws and the entire civil process. As such, an attorney will be able to represent you throughout the entire legal process, should you choose to hire them. LegalMatch can help connect you with the right lawyer for your needs.
An experienced attorney can draft a lawsuit on your behalf, file it, and then help you recover your damages. An attorney can even help you negotiate and reach a pre-trial settlement with the company or their insurance company. Finally, an attorney will also be able to represent your interests in court, should a trial be necessary.
