When filing a lawsuit against a company in Oklahoma, it can be helpful for an individual to have information about the process as well as possible claims they can make. The process can be different, depending on certain factors, including:
- The category of company;
- The laws of the company’s jurisdiction;
- The facts of the individual’s issue; and
- The legal theories upon which the claim will be based.
If an individual believes they may need to sue an Oklahoma company, they should consult with a local attorney in Oklahoma who will be able to explain the steps they will take in detail. In general, their claim will be filed in the county or state where the company conducts business or where the incident occurred.
When filing a lawsuit, the first step is to pay a filing fee and file a summons and complaint in the proper court. Next, the individual suing, or the plaintiff, must have a copy of the lawsuit served on all of the defendants.
Service is usually performed by the local sheriff’s department. The complaint is the document that names the defendants, or parties that are being sued, as well as outlines the issues and the remedies that the plaintiff is requesting.
It is important for a plaintiff to be aware that companies and businesses will usually have the financial resources to defend any lawsuits that are filed against them. They may even have lawyers as employees who are there only to handle legal issues the company is facing.
This means that it is essential for an individual to have their own lawyer when they are suing a company to help ensure that they get the best possible outcome for their claim.
What Are the Reasons I Can Sue a Company For?
There are many different reasons why an individual may believe they want to sue a company. Examples of common reasons an individual can sue a company for include:
- Infringing upon the intellectual property rights of an individual or plagiarizing an individual’s work;
- Non-payment of a salary;
- Employment discrimination;
- Providing misleading information regarding the company’s financial situation;
- Wrongful termination;
- Harassment either as a patron of the business or as a company employee;
- Not returning money that was owed, such as a security deposit;
- Product claims that are misleading;
- Breach of a contract;
- Breach of a warranty;
- Causing injury to an individual, for example:
- An employee causing injury;
- By failing to maintain a premises that is safe;
- A product produced by the company causing injury or harm.
An attorney can help an individual determine what claims they might be able to bring. In some situations, an individual may be able to bring multiple claims against a company.
What Types of Lawsuits Can Be Initiated Against a Company?
Just as there are many reasons that an individual may desire to sue a company, there are almost just as many types of lawsuits that an individual can bring against a company. Examples of common types of lawsuits brought against companies include:
- Professional malpractice;
- A personal injury claim;
- Premises liability;
- Discrimination or harassment;
- Nuisance;
- Breach of contract;
- Products liability;
- False advertising;
- Defamation;
- Tax fraud;
- A violation of federal laws.
What Types of Companies Can Be Liable?
Nearly any category of business or company may be held liable for engaging in conduct which violates federal, local, or state law. Examples of the categories of businesses and companies that may face liability include:
- Small business owners;
- Government agencies at the following levels:
- Non-profit organizations, such as charities;
- Solo practitioners;
- Schools;
- Hospitals;
- For-profit companies, such as:
- Corporations;
- Limited liability companies;
- Partnerships;
- Other types of for-profit companies;
- Retail chain stores;
- Other types of companies.
The liability of a company will typically be determined by its structure. For example, with a limited liability company (LLC), the individual can only sue the company itself.
With a corporation, however, an individual can sue both the company and the owners of the company. An attorney can help an individual determine the type of business they will be filing a lawsuit against.
How Do I Sue a Company for Damages?
There are steps an individual can take when suing a company for damages that can help increase their chances at success. Before they file a lawsuit, they can ask the company representative if there would be any other way to resolve their issue without having to take legal action.
Many times, a business will be interested in keeping customers satisfied and will want to help them in order to avoid litigation. It is essential for an individual to notify the company in writing of any issues.
If the business is not willing to or cannot fix the issue, it is important to consult with an attorney who can help. An individual should keep evidence they have that can support their claim, such as:
- Business policies
- Records of communications
- Emails
- Reports
- Letters
- Other relevant documentation and evidence
It can also be helpful for an individual to think about the type of claim they will be filing and the types of damages they may want to request. This is a good time to seek the advice of a lawyer.
If an individual’s claim involves damages below $10,000 in Oklahoma, they can file their claim in a small claims court, which can save time as well as costs. All parties are allowed to have an attorney represent them in Oklahoma small claims courts.
If an individual does choose to hire an attorney, their attorney will handle the filing of any documents as well as the legal strategies for the case. The attorney will handle all of the steps, including:
- Filing the complaint;
- Serving the defendant with notice;
- Preparing the case;
- Responding to motions;
- Gathering evidence; and
- Subpoenaing necessary witnesses.
The plaintiff will also be required to pay a filing fee. If the plaintiff wins their case, they may be able to recover damages, which may include:
- Monetary damages;
- Replacement products;
- Requiring the company to change their company:
- Handbooks;
- Policies;
- Procedures;
- Punitive damages or fines;
- Restitution;
- Other various economic and noneconomic damages;
How Long Do I Have to File a Lawsuit Against a Company?
The majority of claims have time limits on filing, called the statutes of limitations. The time limit for filing a claim against a company in Oklahoma will depend on the laws of the jurisdiction and the type of claim that is being filed.
If a plaintiff does not file their claim within the required time, the plaintiff will not be able to recover damages because their case will be dismissed. An individual may be able to determine the statute of limitations on their own by researching. However, it is best to consult with a lawyer to sue a company to ensure they do not miss the opportunity to file their claim.
What Kind of Lawyer Do I Need to Sue a Company?
It can be difficult and overwhelming for you to consider navigating any type of court system on your own without the help of a lawyer. If you are considering suing an Oklahoma company, it is essential to consult with an Oklahoma business lawyer. LegalMatch can help connect you with the right lawyer for your needs.
If the company is interested in settling the claim before the case begins or at any time during the trial, your attorney will represent you during any negotiations. Your attorney will also be present with you any time you have to appear in the courtroom.
