When considering filing a lawsuit against a company in North Dakota, an individual may be worried and overwhelmed about having to go to court to make a claim against a business. First, having some information regarding the process may help ease the stress associated with legal issues.
One way an individual can help make the process less stressful for themselves will be to reach out to a lawyer to sue a company and allow them to handle the issue. When filing a lawsuit against a company in North Dakota, there are several factors that may affect the process, including:
- The laws of the jurisdiction
- The type of company
- The facts of the individual’s problem
- The legal theories upon which the claim will be based
A local attorney in North Dakota can provide an individual with a detailed explanation of what they will need to do to resolve their issue. Typically, a lawsuit is filed in the county or state where a company conducts business or is registered.
The first step to begin a lawsuit is to file a summons and complaint and pay the filing fee. Once this is done, the individual filing the claim, called the plaintiff, must serve a copy of it on every defendant that is named.
In the majority of cases, the service will be completed by the local sheriff’s department. A complaint names the defendants being sued, lists the issues or alleged violations, and lists the remedies that are being sought.
Businesses usually have the financial resources to have their own lawyer or lawyers when they are defending against a claim that is made against them. In certain cases, a business may even have an attorney employed by the company to handle any legal issues that arise.
Because a business will most likely have a lawyer of their own, it is essential for a plaintiff to have a lawyer to help ensure they have the best outcome for their issue.
What Are the Reasons I Can Sue a Company For?
There are many, many different reasons an individual may want to sue a business. Examples of common reasons why someone may want to sue a business include, but are not limited to:
- An individual not receiving their salary;
- Harassment as an employee or as a patron of the business;
- Making misleading claims about a product;
- Breach of contract;
- 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 produced by the company causing harm;
- Not returning money that the company owed, for example, a security deposit;
- Breach of a warranty;
- Employment discrimination;
- Infringing upon the intellectual property rights of an individual or plagiarizing their work.
What Types of Lawsuits Can Be Initiated Against a Company?
In addition to the nearly infinite reasons that a person may be interested in suing a company, there are also numerous different categories of lawsuits that can be filed against a business, including:
- Products liability;
- A personal injury claim;
- False advertising;
- Professional malpractice;
- Harassment;
- Breach of contract;
- Defamation;
- Tax fraud;
- Premises liability;
- Discrimination;
- Nuisance;
- Violations of federal laws.
What Types of Companies Can Be Liable?
Nearly all types of companies may be held liable for violating local, state, or federal laws. The types of businesses that can be held liable may include, but are not limited to:
- 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;
- Small business owners;
- Solo practitioners;
- Other categories of companies.
The liability of a business is based on the structure of the business. For example, if a limited liability company (LLC) faces a lawsuit, only the LLC itself may be held liable for damages.
In contrast, corporations can be held liable in addition to the individual owners of the corporation.
How Do I Sue a Company for Damages?
As discussed above, suing a business for damages starts with filing the summons and complaint. However, there are steps a potential plaintiff can take prior to initiating a lawsuit to help ensure the success of their claim.
The first step is for the individual to contact the business and determine if the company would be willing to resolve the issue in order to avoid facing litigation. In the majority of situations, the company will be interested in resolving any issues that arise to avoid negative reviews or costly litigation.
The individual should notify the business of the problem in writing. If a problem cannot be fixed or the business will not fix it, an individual should consult with a lawyer.
An individual should keep any evidence that supports their claim, for example:
- Business policies
- Receipts
- Reports
- Text messages
- Emails
- Letters
- Other documentation and evidence
If the damages an individual will be seeking are $15,000 or less, in North Dakota, a claim can be filed in small claims court to save both time and money. An individual can also have a lawyer represent them in North Dakota small claims court.
Once an individual hires a lawyer to handle their claim in civil court, their lawyer will give them advice about their claim, answer any questions they have, and handle any issues that are related to the case, such as:
- Filing the complaint;
- Serving the defendant;
- Preparing the case;
- Responding to motions;
- Gathering evidence;
- Subpoenaing necessary witnesses.
How Long Do I Have to File a Lawsuit Against a Company?
The amount of time that an individual will have to sue a business depends on the statute of limitations. This is a time limit on when a lawsuit or claim can be filed in court.
If an individual does not bring their lawsuit in the time that is provided under the statute of limitations, their case will be dismissed in court and they will not be eligible to recover damages. Even though an individual may be able to find the statute of limitations for their type of case themselves, it is important to consult with an attorney to ensure the correct time limit is used.
This time limit will begin to run when an individual becomes aware of the injury or issue or when the accident occurred. Statutes of limitations are used to ensure plaintiffs bring timely claims and that potential defendants are not subject to lawsuits after long periods of time have passed.
What Damages Can I Receive if I Win My Case Against a Company?
If an individual wins their case against a business, there are numerous different categories of damages that they may be able to recover, including:
- Monetary damages;
- A replacement product;
- Having the company change their:
- Handbooks;
- Policies;
- Procedures;
- Fines;
- Punitive damages;
- Restitution;
- Various other types of economic and noneconomic damages
What Kind of Lawyer Do I Need to Sue a Company?
If you are considering suing a North Dakota company, it is important to consult with a North Dakota business lawyer. Your business lawyer will provide you with the best available legal options for your claim and discuss the types of damages you may be able to obtain.
It can be extremely stressful for you to try and navigate the court system alone. If you have an attorney handling your claim, you will have a much better chance of reaching a favorable resolution of your issue.
If the company is interested in settling the case outside of court, your lawyer will be present with you during any negotiations or meetings. In addition, every time you are required to be in court, your lawyer will be with you.
