Filing a lawsuit against a company in Oregon may feel like an overwhelming task if an individual has an unresolved issue. Finding out information about the process and requirements for suing companies in Oregon can help an individual feel more prepared.
It is important to note that the requirements for suing a company can vary depending on several factors, such as:
- Laws in the specific jurisdiction;
- Company type;
- Facts and circumstances of the individual’s case; and
- Legal theories that will be used as the basis of the claim.
A local attorney in Oregon can provide information on the requirements of the local jurisdiction as well as the requirements the individual will have to follow. Typically, a lawsuit is filed in the county or state where the company or business conducts business or is registered.
The first step in filing a lawsuit is to pay the filing fee and file the summons and complaint. After this, the complaint will be served on all of the defendants named in the lawsuit.
This service is usually done by the local sheriff’s department. A complaint is a document that names the companies or individuals being sued, called defendants, and lists the legal issues and the legal remedies the plaintiff requests.
It is important to be aware that companies often have the ability to defend lawsuits filed against them because they have great financial resources. In some situations, companies even have attorneys on their payroll to handle claims made against them.
This means that it is essential for an individual to have legal representation when suing a business to help make sure they have the most success possible and obtain the remedy or remedies they are seeking.
What Are the Reasons I Can Sue a Company For?
There are many reasons that a company can be sued for, including, but not limited to:
- Employment discrimination;
- Misleading product claims;
- Not returning money owed, for example, a security deposit;
- Providing misleading information about the company’s financial situation;
- Wrongful termination;
- Infringing upon intellectual property rights or plagiarizing an individual’s work;
- Harassment, either as a patron of the business or as an employee;
- Non-payment of a salary;
- Breach of a warranty or contract;
- Causing injury to an individual in some way, such as:
- Failing to maintain a safe premises;
- An employee causing an injury;
- A product causing harm.
An individual’s attorney can help them determine what type of claim they can make. It may be possible to sue multiple defendants at the same time, increasing the odds of obtaining damages.
What Types of Lawsuits Can Be Initiated Against a Company?
Just as there are many different reasons to sue a company, there are also many different types of lawsuits that may be filed against a company, such as:
- Nuisance;
- Discrimination;
- Breach of contract;
- Professional malpractice;
- Products liability;
- False advertising;
- Premises liability;
- Harassment;
- Tax fraud;
- Defamation;
- A personal injury claim;
- Violations of federal laws.
Again, a lawyer can help an individual determine which of these types of claims their issue may fall under.
What Types of Companies Can Be Liable?
Almost any type of business may be held liable for damages when it violates federal, local, or state laws. Categories of the types of companies that can be liable for damages include, but may not be limited to:
- Non-profit organizations, such as charities;
- Hospitals;
- Government agencies at the following levels:
- Schools;
- Small business owners;
- Retail chain stores;
- For-profit companies, such as:
- Corporations;
- Limited liability companies;
- Partnerships;
- Other types of for-profit companies;
- Solo practitioners;
- Other types of companies.
The business structure of the company will determine what type of liability it will face. For example, with a limited liability company (LLC), only the company itself can be sued for damages.
In contrast, a corporation and the owners of the corporation can be sued for damages. A lawyer can help determine what type of company an individual will be suing and what affect that will have on liability.
How Do I Sue a Company for Damages?
The best first step an individual can take if they are considering filing a lawsuit against a company is to consult with a local attorney for advice. Before beginning the lawsuit process, there are also steps that can be taken to increase the chances of success.
First, the customer can reach out to the company and request a resolution of the issue in writing. Many times, companies will try their best to resolve any issues to keep their customers happy and to avoid negative press or lawsuits.
If the company does not or cannot fix the problem, that is a good time to consult with a lawyer if an individual has not already done so. It is important to keep track of any evidence that may support an individual’s claim, such as:
- Letters
- Reports
- Text messages
- Emails
- Business policies
- Other types of documents and evidence
If an individual is requesting $10,000 or less in damages, their claim can be filed in an Oregon small claims court. In Oregon, an individual must have special permission from the court to bring a lawyer.
If an individual decides to file a lawsuit in civil court, their lawyer will handle all of the strategies for the case and the legal requirements to resolve the claim, in addition to:
- Filing the complaint;
- Serving the defendant or defendants;
- Preparing the case;
- Responding to motions;
- Gathering evidence; and
- Subpoenaing any necessary witnesses.
What Damages May Be Available in a Lawsuit Against a Company?
If an individual wins their lawsuit against a company, they may be entitled to damages, such as:
- Replacement products;
- Monetary damages;
- Requiring the company to change their:
- Handbooks;
- Policies;
- Procedures;
- Punitive damages or fines;
- Various economic and noneconomic damages;
- Restitution.
How Long Do I Have to File a Lawsuit Against a Company?
The statute of limitations provides a time limit for which an individual can file a lawsuit against a company. If they do not file their claim in the time allowed, they will not be able to recover any type of damages.
It may be possible to determine the statute of limitations in a jurisdiction by conducting research. However, it is always best to reach out to a lawyer to sue a company to make sure that they have found the proper statute of limitations, as they can vary.
What Kind of Lawyer Do I Need to Sue a Company?
If you have an issue and need to sue a company, it may be overwhelming to determine exactly what you need to do. Your Oregon business lawyer can handle your legal issue on your behalf, which can alleviate stress and help ensure your claim is as successful as possible.
If the company wants to try and settle the case outside of the courtroom, your attorney will represent you during negotiations to make sure you receive a fair offer. In addition, your attorney will appear with you every time you have to be in court.
The company you are suing will likely have their own legal representation during the process. Because of this, having a lawyer handle your issue will give you the best chance at obtaining compensation for your losses or the remedy you desire.
