A party may be contemplating filing a lawsuit against a company in North Carolina. In that case, they may be overwhelmed by the prospect of having to go to court and make a claim against a business. It can be helpful to first have some information about the process so that it can ease the stress associated with having a legal issue.
One of the most effective ways to ease the stress associated with filing a lawsuit is to consult with a lawyer to sue a company and let them handle the issue. There are several factors that can affect the process of filing a lawsuit against a company in North Carolina, including:
- The legal theory or theories used in the case;
- The type of company;
- The laws of the jurisdiction;
- The facts of the individual’s problem.
A local attorney in North Carolina can give a client an explanation of the steps they can take to resolve their issue. Lawsuits are usually filed in the state or county where the company is registered or conducts business.
The first step in initiating a lawsuit is filing a summons and complaint and paying the required filing fee. Once this step is completed, the plaintiff, or party filing the claim, has to serve a copy of the lawsuit on each of the defendants listed.
Service of process on the defendants is usually handled by the local sheriff’s department. The complaint does several things, including;
- Naming the defendant being sued;
- Listing the issues or alleged violations;
- Listing the remedies the plaintiff is seeking.
A company or business will often have the financial resources to hire its own legal counsel if there is a claim filed against them. In some situations, the company may even have an attorney or attorneys on staff who are employed to handle the company’s legal issues.
It is important for the plaintiff to also have their own legal representation to ensure that they obtain the best outcome possible.
What Are the Reasons I Can Sue a Company For?
There are a multitude of reasons why a client may want to sue a company. There are several common reasons why an individual may want to sue a company, including:
- An individual not receiving their salary;
- Employment discrimination;
- Harassment when the party was an employee or a patron of the company;
- Breach of contract;
- Making misleading claims about a product;
- Misleading information about the company’s financial situation being provided;
- Wrongful termination;
- Causing injury to someone in some way, for example:
- Failure to maintain a safe premises;
- An employee causing injury;
- A product that was produced by the company caused harm;
- Not returning money that the company owed, for example, a security deposit;
- Breach of a warranty;
- Infringing upon the intellectual property rights of another party or plagiarizing their work.
What Types of Lawsuits Can Be Initiated Against a Company?
In addition to the multitude of reasons a party may want to sue a company, there are also many different lawsuit categories that may be filed against a company, such as:
- Products liability;
- A personal injury claim;
- Violations of federal laws;
- False advertising;
- Harassment;
- Breach of contract;
- Defamation;
- Professional Malpractice;
- Tax fraud;
- Nuisance;
- Premises liability;
- Discrimination.
What Types of Companies Can Be Liable?
Almost all categories of companies can be liable for violations of federal, state, or local laws. Common examples of the types of companies that are held liable include, but may not be limited to:
- Schools;
- Hospitals;
- Small business owners;
- Solo practitioners;
- Government agencies at the following levels:
- Non-profit organizations, such as charities;
- Retail chain stores;
- For-profit companies, such as:
- Corporations;
- Limited liability companies;
- Partnerships;
- Other types of for-profit companies.
A company’s liability will be based on the way the business is structured. For example, when an LLC or limited liability company faces a lawsuit, only the LLC can be held liable for damages.
On the other hand, a corporation may be held liable for damages as well as the individual owners of that corporation.
How Do I Sue a Company for Damages?
As noted above, a lawsuit for damages begins with the filing of a summons and complaint. There are some steps a party can take prior to filing their lawsuit that will help their claim be successful.
The party should reach out to the company and find out if they would be willing to resolve the issue in order to avoid litigation. In most situations, a company will want to resolve any disputes that arise in order to avoid costly litigation or any negative reviews.
The party should notify the company in writing that there is an issue. If the issue cannot be fixed and the company requests to fix it, the party should consult with legal counsel.
It is important to keep any evidence that will support the plaintiff’s claim or claims, such as:
- Text messages;
- Emails;
- Letters;
- Business policies;
- Receipts;
- Reports;
- Other documentation and evidence.
If the damages in a claim are $5,000 or $10,000, depending on the jurisdiction or less, in North Carolina, a party can file their claim in a small claims court to save both time and money. A party is permitted to have a lawyer in small claims court, but they are not required to.
Once the party hires an attorney to handle their dispute in civil court, their attorney will provide them with advice about their issue, answer questions related to their claim, and handle any issues that are related to the case, including:
- Filing the complaint;
- Serving the defendant;
- Preparing the case;
- Responding to motions;
- Subpoenaing necessary witnesses;
- Gathering evidence.
How Long Do I Have to File a Lawsuit Against a Company?
The time frame that a party will have to sue a company will depend on the statute of limitations. The statute of limitations is a time limit for a claim to be filed in court.
If the party does not file their claim within the time limit provided in the statute, the case will be dismissed, and they will not be able to recover damages. Although a party can find the applicable statute of limitations on their own, it is still important to consult with a lawyer to ensure that the correct time limit is followed.
This time limit begins running when the party becomes aware of an issue or when an issue or accident occurs. These limitations are placed to ensure that plaintiffs bring their claims in a timely manner and that possible defendants are not subjected to claims after long periods of time have passed.
What Damages Can I Receive if I Win My Case Against a Company?
If a party wins their claim against a company, there are many different categories of damages that they can possibly recover, such as:
- Monetary damages;
- Punitive damages;
- Restitution;
- A replacement product;
- Having the company change their:
- Handbooks;
- Policies;
- Procedures;
- Fines;
- Various other economic or noneconomic damages.
What Kind of Lawyer Do I Need to Sue a Company?
If you are contemplating filing a lawsuit against a North Carolina company, it is essential to consult with a North Carolina business lawyer. Your lawyer can provide you with the best possible legal options for resolving your claim and advise you on the categories of damages you can obtain.
It can be very overwhelming and stressful to attempt to navigate the court system alone. If a lawyer handles your claim, you will have a much better chance of obtaining a favorable outcome in your case.
If the company wants to settle your case outside of court, your attorney will represent you during meetings and negotiations. Submit your issue to LegalMatch at no charge and receive responses within about 24 hours from attorneys ready to begin helping with your issue.
