In order to begin the process of filing a lawsuit against a company in South Dakota, you must have an understanding of many different laws. For instance, you must understand the laws concerning civil procedure, case law, and civil statutes, to name a few.
As far as the process for filing a lawsuit against a company in South Dakota, the process generally proceeds as follows:
- Identify Your Legal Claim: The first step in initiating a civil lawsuit against a company in South Dakota is understanding the basis for your lawsuit, which means you must state your legal claims and the legal theory that your lawsuit is based on;
- Draft and File Your Complaint: After you identify the basis for your lawsuit, you will then need to draft your lawsuit.
- This requires you to name the company that is allegedly responsible for your damages;
- Serve Your Lawsuit: After filing your civil lawsuit, you then must serve the lawsuit on the defendant company in order to provide them legal notice of your legal claim(s);
- Pre-trial: After your civil lawsuit has been served on the defendant, the defendant will then have an opportunity to file an answer/defense to your lawsuit.
- Generally, at this point in time, settlement negotiations with the defendant will begin in order to try and reach a settlement prior to the trial.
- Pre-trial motions may also occur at this point in time, such as motions to dismiss the claim, etc.;
- Trial Phase: Finally, if you are unable to resolve your lawsuit with the defendant prior to trial, your case will then be set before a judge or jury for a formal hearing on your claims.
A local attorney in South Dakota will be most familiar with the entire civil process outlined above. An attorney will also be able to assist you with the complete pre-trial phase of your lawsuit, including helping you gather evidence to support your case. Finally, an attorney can also help prepare you for and represent you at trial.
What Are the Reasons I Can Sue a Company For?
There are many reasons in which a company may be sued. Examples of common reasons which may serve as a basis for your legal claims against a company include:
- Issues involving wrongful termination, such as a company illegally terminating you based on a protected characteristic, such as your age, gender, or religion;
- Issues involving workplace harassment or other forms of employment discrimination, such as being denied a position or promotion based on a protected characteristic (race, gender, etc.) or bullied in the workplace;
- Wage and benefit issues, such as a company failing to timely pay your wages or provide you with promised benefits;
- Issues involving breaches of contract, such as the company breaching your employment contract;
- Issues involving a personal injury claim, such as a company injuring you by failing to maintain a safe premises, creating a defective product, or an employee of the company directly injuring you.
What Types of Lawsuits Can Be Initiated Against a Company?
Similar to the many different scenarios and facts that make up the basis for a lawsuit, there are also many different lawsuits that may be initiated against a company. Examples of common lawsuits filed against companies in South Dakota include, but are not limited to:
- Personal injury lawsuits, including actual injuries to your person and property damage;
- Products liability lawsuits;
- Malpractice lawsuits;
- Premises liability lawsuits;
- Breaches of contract lawsuits;
- Workplace discrimination or harassment lawsuits;
- Nuisance lawsuits;
- Defamation or libel lawsuits;
- Lawsuits based on fraud, including tax fraud lawsuits;
- Any other violations of civil statutes that result in you being damaged or harmed.
One of the most common lawsuits filed against companies in South Dakota are personal injury lawsuits. Personal injury lawsuits are generally based on the theory of negligence. When filing a personal injury lawsuit based on a negligence, the plaintiff (i.e., the person alleging they were injured) must typically prove all of the following legal elements:
- First, the company owed them a legal duty of care;
- Next, the plaintiff must demonstrate that the company breached the duty of care that they owed to the plaintiff;
- The plaintiff must then show that the company’s breach of duty was the actual and proximate cause of their injuries; and
- Finally, the plaintiff must demonstrate that they suffered actual and quantifiable damages as a result of the company’s negligent actions or inaction.
What Types of Companies Can Be Liable?
In short, any company in South Dakota can be held liable for violating federal, state, and/or local laws. For example, if a for-profit company, such as a corporation, limited liability corporation (“LLC”), or partnership violates a civil statute and injures another party, then they may be held liable for that violation.
Similarly, non-profit companies, such as charities or non-profit organizations, can also be held liable for their violations of civil laws and statutes or for damaging another party. Government agencies may also be held liable. However, governmental companies may have governmental immunity that will need to be navigated around before they may be sued.
How Do I Sue a Company for Damages?
The process for suing a company for damages was discussed generally above. Once again, in order to sue a company for damages in South Dakota, you must first draft your civil lawsuit. Then, you must file that civil lawsuit in the proper venue. The appropriate venue is typically the district court in the county that you live in, but it may also be the court where your injury or the violation occurred.
Once your lawsuit has been filed, you must then serve the lawsuit on the company. A company will have a registered agent, indexed at the Secretary of State’s Office, that accepts civil lawsuits on behalf of the company. After serving the opposing party, they will then have a period of time to file an answer to your civil lawsuit.
After the company’s answer period has passed or they have filed an answer, your lawsuit will then continue based on South Dakota civil laws and procedures. Finding a lawyer to sue a company on your behalf is often necessary in order to ensure that you follow the proper civil process and avoid having your lawsuit dismissed.
>How Long Do I Have to File a Lawsuit Against a Company?
There are deadlines in South Dakota that you have to adhere to when filing a lawsuit against a company. These deadlines are known as “statutes of limitations.” The statute of limitations is generally defined as the time period that a person has to commence a lawsuit before they are later barred from bringing the lawsuit.
The exact deadline for your personal case will depend on the basis of your specific case. For example, the South Dakota Codified Laws § 15-2-14 states that lawsuits based on personal injury & accidents have a statute of limitations of three years. This means that people have three years from the day of their accident to file their lawsuit.
As such, if you fail to commence your personal injury claim within three years, you will then be barred from later bringing a civil lawsuit against the company. Importantly, there are some exceptions.
What Kind of Lawyer Do I Need to Sue a Company?
If you have suffered an injury or damages due to a company in South Dakota, then it is in your best interests to consult with an experienced South Dakota business lawyer. LegalMatch can assist you in finding an attorney for your particular legal issues. An experienced business lawyer will be able to help you determine the best course of legal action and answer any questions that you may have.
Further, an attorney will also be knowledgeable about the state’s civil procedure laws. As such, an attorney will be able to represent you throughout the entire legal process. Attorneys are also useful in helping you negotiate and reach a settlement with the company. Finally, an attorney will also be able to represent your interests in court, should a trial become necessary.
