If an individual thinks that filing a lawsuit against a company in Tennessee may be necessary, it can be helpful to have information on the process and the requirements for suing a company. It is also important to be aware that these can vary depending on the:
- Company type;
- Laws in the specific jurisdiction;
- Facts of the individual’s case; and
- Legal theories that will be presented in the claim.
A local attorney in Tennessee can explain to the individual the requirements of their jurisdiction and the steps they will be required to follow in detail. Generally, claims are filed in the state or county where a business or company is registered or where they conduct business.
When a lawsuit is filed, the first step is to file the complaint and summons and pay the filing fee. The complaint will then be served upon the defendants named in the complaint.
Service of process is often handled by the local sheriff’s department. Complaints name the parties being sued, or the defendants, and list the issues as well as the remedies that the plaintiff is requesting.
An individual should be aware that many companies have the financial ability to defend lawsuits that are filed against them. Some companies have lawyers as employees who handle any claims against them.
Because of this, it is very important for an individual to have their own legal representation when they are suing a business. This will help ensure the success of their claim and the best possible outcome.
What Are the Reasons I Can Sue a Company For?
An individual can sue a company for what may seem like an infinite number of reasons, such as:
- Providing misleading information about the company’s financial situation;
- Wrongful termination;
- Infringing upon an individual’s intellectual property rights or plagiarize their work;
- Not returning money that was owed, such as a security deposit;
- Misleading product claims;
- Harassment either as an employee or as a patron of the business;
- Non-payment of a salary;
- Employment discrimination;
- 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; and
- Breach of a warranty or contract.
A lawyer can help an individual figure out the type of claim they have. In addition, they may be able to include multiple defendants in their lawsuit, which can increase their odds of obtaining damages.
What Types of Lawsuits Can Be Initiated Against a Company?
There are numerous different types of lawsuits that may be initiated against a company, including:
- Nuisance;
- False advertising;
- Discrimination;
- Harassment;
- Professional malpractice;
- Breach of contract;
- Products liability;
- Premises liability;
- Tax fraud;
- A personal injury claim;
- Defamation;
- Violations of federal laws.
What Types of Companies Can Be Liable?
Almost any category of company can be held liable for damages when they violate local, state, or federal law. Examples of the categories of businesses that can be held liable for damages are:
- Government agencies at the following levels:
- Non-profit organizations, such as charities;
- Small business owners;
- Hospitals;
- For-profit companies, such as:
- Corporations;
- Limited liability companies;
- Partnerships;
- Other types of for-profit companies;
- Retail chain stores;
- Schools;
- Solo practitioners;
- Other types of companies.
How the company is structured will determine the liability it will face. When a limited liability company (LLC) faces a lawsuit, only the LLC itself can be held liable for damages, as they are structured so owners avoid liability.
On the other hand, a corporation and its owners can be held liable for damages because the plaintiff can sue the owners of the company as well as the company. An attorney can help an individual understand what type of business they will be suing and how that will affect its liability.
How Do I Sue a Company for Damages?
Before suing a company for damages, there are certain steps an individual should take which can help increase their chances of success. Prior to filing a lawsuit, an individual can reach out to a representative of the company and ask if the issue can be resolved without legal action.
Companies are often interested in ensuring the happiness of their customers as well as their reputation and avoiding lawsuits. It is very important for the individual to inform the business of the issue in writing.
If the company cannot or is not willing to fix the issue, it is a good point to consult with an attorney. Additionally, it is important to keep evidence that supports the claim, including:
- Letters
- Emails
- Business policies
- Reports
- Other types of documents and evidence
If an individual is seeking $25,000 or less in damages, the claim can be filed in a Tennessee small claims court. Having a lawyer is not required, but it is permitted.
Although someone can present their own case in a Tennessee small claims court, it is important to have representation, especially if the other party has a lawyer. If an individual does not want to hire a lawyer to represent them, they can still consult with a lawyer and request advice and ask any questions they have about their issue.
If an individual hires a lawyer to file their lawsuit in a court other than a small claims court, the lawyer will handle the legal requirements and strategies associated with the case, in addition to:
- Filing the complaint;
- Serving the defendant or defendants;
- Preparing the case;
- Responding to motions;
- Gathering evidence; and
- Subpoenaing necessary witnesses.
What Damages May Be Available?
If the plaintiff is successful with their claim, they may be able to recover damages, for example:
- Requiring the company to change their:
- Handbooks;
- Policies;
- Procedures;
- Replacement products;
- Monetary damages;
- Punitive damages or fines;
- Various economic and noneconomic damages;
- Restitution.
How Long Do I Have to File a Lawsuit Against a Company?
There is a time limit associated with civil lawsuits, called the statutes of limitations. This is a time limit on the plaintiff to file their lawsuit.
If the plaintiff does not file their claim in the allotted time, they cannot recover any damages. An individual may be able to find out the statute of limitations in their area by researching their state laws.
However, it would be best to consult with a lawyer to sue a company to ensure they found the correct time frame.
What Kind of Lawyer Do I Need to Sue a Company?
If you are considering suing a company, it can be challenging and overwhelming to determine exactly what you need to do. A Tennessee business lawyer can handle your claim for you, alleviate that stress, and help ensure the success of your claim.
If the business asks to negotiate a settlement outside of the courtroom, your lawyer will represent you and ensure you receive a fair offer. Your lawyer will also be present with you any time you have to be in court.
It is likely that the business will have their own legal representation during the entire lawsuit process. Having an attorney handle your claim will provide you with the best chance at obtaining the damages you deserve to compensate you for your losses.
