In order to begin the process of filing a lawsuit against a company in Rhode Island, you must understand a variety of different laws. For instance, you must have a general understanding of legal theory, civil procedure, and case law.
As far as the process for filing a lawsuit against a company in Rhode Island, lawsuits will generally proceed as follows:
- Pre-Lawsuit Phase: The first thing that you should generally consider prior to ever filing a lawsuit against a company is to attempt to negotiate a resolution with the company that has harmed you.
- Then, if you are unable to reach a resolution with the company, you may proceed with filing to determine the basis for your lawsuit ;
- Draft and File Your Lawsuit: After determining the basis for your lawsuit against the company, you must then draft your lawsuit, which includes outlining all of your legal claims, naming the company you believe to be responsible for your damages, and stating the relief/damages that you are seeking;
- Serve Your Lawsuit on the Defendant: After you’ve filed your lawsuit, you must then properly serve notice of the lawsuit on the defendant company;
- Pre-Trial Phase: After your lawsuit has been served on the defendant company, the defendant company will then have a period of time to file an answer.
- After the defendant files an answer, your case will then proceed in accordance with the laws on civil procedure in Rhode Island;
- Trial Phase: If you are unable to settle your lawsuit prior to trial, your case will then proceed to a trial in front of either a judge or jury.
A local attorney in Rhode Island will be knowledgeable about the entire civil procedure process outlined above. This means that an attorney will be able to assist you throughout all phases of your lawsuit.
What Are the Reasons I Can Sue a Company For?
There are many different reasons why you may wish to sue a company. Examples of common reasons why you may wish to sue a company in Rhode Island include, but are not limited to, legal issues involving:
- Wrongful termination, such as the company illegally firing you based on a protected characteristic, such as your gender, race, or religion;
- Workplace harassment or other forms of employment discrimination, such as workplace bullying;
- Hour and wage issues, such as a company failing to timely pay you or provide you with promised benefits;
- Issues involving a sales agreement or service contract between you and the company;
- Contract issues, such as the company breaching a contract or warranty or breaching an employment contract;
- Personal injury claim matters, such as a company injuring you by failing to maintain a safe premises, creating a defective product, or otherwise causing you harm.
What Types of Lawsuits Can Be Initiated Against a Company?
There are many different types of lawsuits that can be initiated against a company in Rhode Island. Examples of common lawsuits initiated against companies in Rhode Island include:
- Personal injury lawsuits;
- Products liability lawsuits, including defective products cases;
- Malpractice lawsuits;
- Premises liability lawsuits;
- Breach of contract lawsuits, such as a breach of a sales contract or an employment contract;
- Discrimination or harassment lawsuits, such as workplace discrimination lawsuits;
- Defamation or libel lawsuits;
- Lawsuits based on fraud.
One of the most common lawsuits that individuals file against companies in Rhode Island are personal injury lawsuits. Personal injury lawsuits are most commonly based on the legal theory of negligence.
In order to recover for injuries in a lawsuit based on the theory of negligence, a plaintiff (i.e., the person alleging they were damaged by the company) must prove all of the following legal elements:
- That the company owed them a duty of care;
- That the company breached the duty of care that they owed them;
- That the company’s breach of duty was the actual and proximate cause of their injuries; and
- That the plaintiff suffered actual and quantifiable damages.
What Types of Companies Can Be Liable?
It is important to note that any type of company can be held liable for any actions that violate federal, state, and/or local laws. This means that both for-profit companies, such as corporations, limited liability corporations (“LLCs”), or partnerships, or non-profit companies, such as charities, can be held liable for their actions or inactions that violate a civil statute or result in a party being injured.
Additionally, any other forms of companies, such as government agencies, may also be held liable for violations of the law or for actions or inactions which result in injuring another party. However, governmental companies may have governmental immunity that a plaintiff would have to navigate around when suing them.
How Do I Sue a Company for Damages?
The general process was discussed above in order to sue a company in Rhode Island for damages. Once again, the general process for suing a company involves first identifying the basis for your civil lawsuit.
After you identify the basis for your lawsuit against the company, you must name the company that you believe to be responsible for your damages. For instance, you may name either or both a single actor of the company and/or the entire company in your suit. Next, you will then need to actually draft your civil lawsuit and file it, paying any filing fees.
Once your lawsuit has been filed in the proper venue, you must then serve the civil lawsuit on the party or company that you named in the lawsuit. That party will then have a period of time to file an answer to your lawsuit. They can also file a counterclaim.
After the defendant company’s answer period has passed, your lawsuit will then continue based on Rhode Island civil laws and procedures. Finding a lawyer to sue a company on your behalf is often in your best interests as they will be familiar with the proper civil process.
How Long Do I Have to File a Lawsuit Against a Company?
Importantly, there are specific deadlines in Rhode Island that you must meet in order to ensure your lawsuit is allowed. These deadlines are known as “statutes of limitations.” The statute of limitations is a legal term that refers to the period of time in which you have to file your lawsuit or risk being barred from later bringing your lawsuit.
The exact statute of limitations deadline will depend on the basis of your lawsuit. For example, if you sue a company based on a personal injury claim in Rhode Island, you will have three years from the date you’re injured to file your lawsuit in court. This law is found in Rhode Island General Laws § 9-1-14(b).
Importantly, if you fail to file your claim by the prescribed deadline, you will then be barred from bringing a civil lawsuit against the company later. In other words, you will have exceeded the statute of limitations for bringing your civil claim.
What Kind of Lawyer Do I Need to Sue a Company?
Business lawyers are the type of lawyers that commonly sue companies. As such, if you are experiencing any legal issues involving a company in Rhode Island or have suffered damages as a result of a company’s actions or inactions, then it is in your best interests to consult with an experienced Rhode Island business lawyer.
LegalMatch can assist you in locating an attorney to meet with regarding your particular legal issues. An experienced business lawyer will be able to help you determine your best course of legal action and any questions you may have.
An attorney will also be familiar with all of the laws regarding suing a company in the state. This includes civil procedure laws. As such, an attorney can assist you in all phases of your lawsuit, from conducting civil discovery to representing you at any pre-trial hearings.
An attorney will also be able to help you negotiate 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, as needed.
