When it comes to filing a lawsuit against a company, you must understand many different laws. For instance, you must have an understanding of legal theory and civil procedure in the state of South Carolina, along with current case law.
Although the exact legal procedure will differ based upon the type of lawsuit you are seeking to file, in general, in order to file a lawsuit against a company in South Carolina, the process is as follows:
- Pre-Lawsuit Phase: Before ever drafting a civil lawsuit, the first thing that you should generally do is to attempt to negotiate a resolution with the company directly prior to seeking legal action.
- Then, if you are unable to reach a resolution with the company, you can proceed with filing a lawsuit by determining the legal theory that your lawsuit will be based on;
- Draft and File Your Lawsuit: After determining the basis for your lawsuit against a company, you must then actually draft the lawsuit.
- Importantly, your lawsuit will outline all of your legal claims, as well as the relief/damages that you are seeking.
- For example, you may sue a company for personal injury and seek $100,000 in total damages;
- Serve Your Lawsuit on the Defendant: After you’ve filed your lawsuit, you must then serve a notice of the lawsuit on the defendant company, which is required by law;
- Pre-Trial Phase: After your lawsuit has been served on the defendant, the defendant will then have a period of time to file an answer and/or counterclaim to your lawsuit.
- After the defendant files an answer, your case will then proceed in accordance with the civil laws and procedures in South Carolina;
- Trial Phase: If you are unable to settle your lawsuit prior to trial, then your case will then proceed to the trial phase in front of a judge or jury.
A local attorney in South Carolina will be knowledgeable about the laws concerning civil procedure. An attorney will also be able to assist you from before the lawsuit is filed all the way to trial and post-trial.
What Are the Reasons I Can Sue a Company For?
There are many different reasons why you may seek to sue a company. Examples of common reasons you can sue a company in South Carolina include, but are not limited to, legal issues involving:
- Wrongful termination, such as when a company illegally fires someone based on a protected characteristic, such as their gender, race, or disability;
- Workplace harassment or other forms of employment discrimination;
- Hour and wage issues in the company, such as a company failing to timely pay their employees or issue benefits;
- Intellectual property theft, such as the company taking an employee’s intellectual property;
- Contract issues, such as the company breaching a sales agreement or employment contract;
- Personal injury claim matters, such as a company injuring patrons or visitors by failing to maintain a safe premises, creating a defective product, or directly harming them.
What Types of Lawsuits Can Be Initiated Against a Company?
There are also many different types of lawsuits that can be filed against a company. Examples of common lawsuits that can be initiated against companies in South Carolina include:
- Personal injury lawsuits;
- Products liability lawsuits, such as defective products cases or strict liability cases;
- Malpractice lawsuits;
- Premises liability lawsuits;
- Breach of contract lawsuits;
- Discrimination or harassment lawsuits;
- Defamation or libel lawsuits;
- Fraud lawsuits.
One of the most common lawsuits that individuals file against a company in South Carolina is a personal injury lawsuit. Most personal injury lawsuits are based on the legal theory of negligence.
In order to recover in a personal lawsuit based on negligence, the plaintiff (i.e., the person alleging they were damaged by the company) has to prove the following legal elements:
- First, the company owed them a duty of care;
- Second, the company breached the duty of care that they owed the plaintiff;
- Third, the company’s breach of duty was the actual and proximate cause of the plaintiff’s injuries; and
- Finally, the plaintiff suffered actual and quantifiable damages as a result of the company’s negligence.
What Types of Companies Can Be Liable?
It is important to note that any company can be held liable for any actions that violate federal, state, and/or local laws. This means that both a for-profit company, such as a corporation, limited liability corporation (“LLC”), or partnership, or a non-profit company, such as a charity, can be held liable for their actions or inactions that violate civil statutes.
Additionally, any other forms of companies, such as government agencies, may also be held liable for violations of the law or for injuring another party. However, governmental companies often have governmental immunity, which makes suing them difficult in many cases without proceeding through an administrative resolution process.
How Do I Sue a Company for Damages?
In order to sue a company in South Carolina, you must follow the general process that is outlined above. Once again, the exact process will depend on the company that you are suing, the basis for your lawsuit, and the specific facts and circumstances of your case. For instance, if you are injured on the job while working for a company, some companies require you to go through the workers’ compensation process.
Once again, the general process for suing a company involves first identifying your legal theory. After you identify the basis for your lawsuit against the company, you must then identify the party that you believe to be responsible for your damages. For example, you may name both a single bad actor and/or the company in your lawsuit.
Next, you will then need to draft your civil lawsuit and file it in the proper venue. Once your lawsuit has been filed in the proper venue, you must then serve your civil lawsuit on the party or parties that you named in your lawsuit. That party will then have a period of time to file an answer and/or counterclaim to your lawsuit.
After the defendant company’s answer period has passed, your lawsuit will then continue based on South Carolina’s 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?
The exact period of time that you have to file a lawsuit against a company will depend on the basis for your lawsuit and the statute of limitations associated with that claim. The “statutes of limitations” is a legal term that refers to the period of time that you have to file your lawsuit before you are barred from bringing your lawsuit.
For example, if you sue a company based on a personal injury claim in South Carolina, you will have three years from the date of your accident to file your lawsuit against that company. The exact law is found in the South Carolina Code of Laws section 15-3-530.
Importantly, if you fail to file your claim within the prescribed three-year time frame, you will then be barred from later bringing a civil lawsuit against the company based upon that set of facts. 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?
As mentioned above, there are numerous areas of the law that you need to be familiar with when suing a company. As such, if you are experiencing any issues involving a company in South Carolina 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 South Carolina business lawyer.
An experienced business lawyer will be familiar with a wide range of laws concerning lawsuits against companies. An attorney will be able to help you determine your best course of legal action, as well as answer any questions you might have. LegalMatch can help connect you with the right lawyer for your needs.
An attorney will also be able to help you negotiate a pre-trial 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.
