Filing a lawsuit against a company requires a thorough understanding of many different laws, including the laws regarding legal theory and laws involving civil procedure in the state of New York. In general, the process for filing a lawsuit against a company is as follows:
- Identify Your Legal Theory: The first step in initiating a lawsuit against a company in New York is understanding the laws regarding your legal issues, including what legal theory you may base your lawsuit on;
- Draft and File Your Complaint: Next, you will then need to draft your lawsuit that outlines your legal claims and also names the defendant in the case who is responsible for your damages;
- Serve Your Lawsuit on the Defendant: After filing your complaint, you must then serve the lawsuit on the defendant.
- It is important to note that you will also need to pay the appropriate court filing fees unless you are able to obtain a waiver of fees;
- Pre-trial: After your lawsuit has been served, the defendant will have a period of time to file an answer/defense, which may vary based on the lawsuit.
- After the defendant files a defense, your case will then proceed in accordance with the civil laws and procedures in your jurisdiction, and you will proceed with the pre-trial phase; and
- Trial Phase: Finally, if the lawsuit does not settle before trial, a formal trial phase will then occur.
A local attorney in New York will be most familiar with the entire civil process regarding drafting, serving, and proceeding with your civil lawsuit against a company. An attorney will also be able to assist you with the complete pre-trial phase of the lawsuit, which includes discovery. The discovery process is the legal process of obtaining evidence to use in your civil case.
What Are the Reasons I Can Sue a Company For?
There are many different reasons why you may seek to sue a company. Examples of common reasons to sue a company include issues involving:
- Wrongful termination, such as the company illegally terminating you as an employee;
- Workplace harassment or other forms of employment discrimination, such as being bullied in the workplace or being harassed as a customer of a store;
- Wage and benefit issues, such as a company failing to timely pay you your wages or provide benefits;
- Infringement of intellectual property rights, either by the company or an employee of the company;
- A breach of contract, such as the company breaching a contract or warranty, or a breach of an employment contract;
- A personal injury claim in New York, such a company in New York failing to maintain a safe premises, creating a product that injures people, or an employee injuring a patron or other employee.
What Types of Lawsuits Can Be Initiated Against a Company?
Just as there are many reasons why a lawsuit may be initiated against a company, there are also many different forms in which a lawsuit may be initiated against a company. Examples of common lawsuits against companies include, but are not limited to, lawsuits involving:
- Personal injury, including actual injuries and property damage;
- Products liability;
- Malpractice;
- Premises liability;
- Breaches of contract;
- Workplace discrimination or harassment;
- Nuisance;
- Defamation or libel;
- Fraud, including tax fraud;
- Violations of federal laws that include statutory damages.
One of the most common lawsuits filed against a company is a personal injury lawsuit based on a negligent action of the company or an employee of the company. In order to succeed in a personal injury lawsuit based on a negligence, the plaintiff (i.e., the person alleging they were harmed) must prove all of the following elements:
- That the company owed them legal duty, whether due to their relationship (such as an employer-employee relationship or doctor-patient relationship) or status (such as invitees, licensees, trespassers);
- That the company breached the duty of care owed to the plaintiff through their negligence;
- That the company’s breach of duty was the actual and proximate cause of the plaintiff’s injuries; and
- That the plaintiff suffered actual, quantifiable damages as a result of the company’s negligence.
What Types of Companies Can Be Liable?
Importantly, almost any company can be held liable for its actions if they violate federal, state, and/or local laws. For instance, a for-profit company, such as a corporation, limited liability corporation (“LLC”), or partnership may all be held liable for violations of the law.
In addition, for-profit companies and non-profit companies, such as charities or non-profit organizations, can also be held liable for their violations of the laws mentioned above. Similarly, government agencies may also be held liable. Importantly, these companies may have some form of governmental immunity that will need to be navigated around.
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 New York, you must first draft your civil lawsuit, which includes your legal theory and claims.
Next, you must then file your lawsuit in the proper venue. This is generally the district court in the county that you live in, but it may also be a court where your injury occurred. Once your lawsuit has been filed, you must then serve the lawsuit on the company or parties you named in the lawsuit.
Then, the opposing party will have a period of time to file an answer to your civil lawsuit. After the defendant’s answer period has passed, your lawsuit will then continue based on New York 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.
How Long Do I Have to File a Lawsuit Against a Company?
Importantly, there is an actual deadline that you have to file a lawsuit against a company. This deadline is known as a “statutes of limitations.” The statute of limitations is the time period that you have to file your lawsuit. As far as the exact deadline for your personal case, that will be dependent on your legal theory and specific case.
For instance, if you sue a company based on a personal injury claim in New York, you will have three years from the date that your injury occurred for you to commence your lawsuit. If you fail to file your claim within the prescribed time frame, you will then be barred from bringing a civil lawsuit against the company later.
What Kind of Lawyer Do I Need to Sue a Company?
If you are experiencing any legal issues related to a company in New York, it is in your best interests to consult with an experienced New York business lawyer. An experienced business lawyer will be able to help you determine your best course of legal action, such as helping you identify your legal claim and damages.
An attorney will also be knowledgeable about the proper civil process regarding drafting and serving your civil lawsuit against the company. They will also be able to assist you with negotiating a pre-court settlement in your case by negotiating with the company or their insurance company, if applicable. Finally, an attorney will also be able to represent your interests in court, should a trial or other in court action be necessary.
