The first step a person needs to take is to prepare a plan for filing a lawsuit against a company in Utah. One of the first steps in the plan would be to determine the remedy that the person wishes to recover in their lawsuit.
The person needs to decide between a number of possible remedies. They may seek to have the person they sue to pay them money damages to compensate them for losses. Or, they may prefer some other type of remedy, e.g. a permanent injunction or specific performance of a contract.
One of the reasons for which a person needs to identify the remedy they seek is because it is an important factor in choosing the court in which to file a lawsuit. There are small claims courts in Utah and a person may sue someone for up to $15,000 in a Utah small claims court. The payment of money damages is the only remedy that is available in a Utah small claims court.
A person also may not sue a government agency in small claims court in Utah. Also, a person may not file an unlawful detainer action, i.e., an action for eviction, in a small claims court.
Small claims cases are usually filed in a justice court in Utah. A person can file in the county in which the defendant lives or where the events that gave rise to the case happened. In Utah, most businesses must register with the Utah Department of Commerce. A person can conduct a business search online at their website to find out where a business resides.
If a person is filing their lawsuit in a small claims court, they need to find the right justice court in their community.
Justice courts may be found as follows:
- Some cities or towns have a justice court;
- If there is no city or town justice court, a person would file in a county justice court;
- If there is no county justice court, a person would file in a district court.
One of the reasons for which a person may wish to file their lawsuit in small claims court is that they do not need to have an attorney to handle the case. In small claims court, a person may be able to handle their case themselves and save on attorney’s fees.
The jurisdiction of courts in Utah can become complicated. A person may want to consult a local attorney in Utah for guidance in identifying the right court in which to file a case.
A person would file their lawsuit in a district court, if not in a justice court. In Utah, a district court is the state trial court of general jurisdiction. District courts in Utah hear all civil and criminal cases.
A person’s next step is to choose the cause of action they want to claim in their lawsuit. A cause of action is a legal claim that the law recognizes as legitimate.
A person might allege negligence if they are filing a personal injury claim in Utah. This would be the right cause of action, for example, if a company’s employee breached their duty of care and caused injury or property damage to the person. Another common claim in the business context would be breach of contract.
A person needs to consider other issues as well if they plan to sue a company in Utah. One of these issues is jurisdiction, which is the authority of any particular court to entertain lawsuits against an entity. For example, in some situations, a business might be sued in a federal civil court rather than a state court. There are cases in which a federal court would be preferable.
A person must analyze whether a Utah state court has jurisdiction over a company or whether the person who wants to sue the company would have to turn to the courts of a different state. Basically, a court in Utah would have jurisdiction over a company if the following factors indicate that Utah is the right place to file the lawsuit:
- Most of the witnesses are in Utah;
- The parties live in Utah. In the case of a business, it would do business in Utah;
- Whether the plaintiff filed their lawsuit in Utah only to get around the statute of limitations in another state;
- Whether holding the trial in Utah would be a burden on the court.
The key factor is whether the business operates in the state. If it does, then the courts of Utah would have jurisdiction. A person could consult a local attorney in Utah for advice on the issue of jurisdiction if the issue is not clear.
What Are the Reasons for Which I Can Sue a Company?
Generally, a person sues a company because it has harmed a person’s interests in some way. A current employee of a company might claim that they suffered employment discrimination on the basis of their membership in a class protected by federal equal employment law. A former employee might claim that the company breached their employment contract or otherwise terminated their employment wrongfully.
A product that a person bought from a company might prove to be dangerously defective. The defect in the product may cause an accident that results in injury and/or property damage. If this is the case, a person might have reason to sue the manufacturer and distributor for strict product liability.
A service that a person receives from a company might not be satisfactory. For example, the service provided by a professional might amount to malpractice.
A person might slip and fall in a grocery store owned by a company. They would then have to sue the company for premises liability. A business itself might have a commercial lease from another business. If the lessor breaches the lease agreement, the tenant business might have grounds for a lawsuit.
What Types of Lawsuits Can Be Initiated Against a Company?
Any type of lawsuit may be initiated against a company. As long as the plaintiff has a legitimate cause of action and is able to prove the facts of their case, they may sue a company. Again, the causes of action that a person might allege would include negligence or breach of contract. However, under federal and state law, a person may choose from a variety of causes of action.
If a company’s employee suffers an injury on the job, they would have a claim for workers’ compensation. With very few exceptions, every employer in Utah is required to provide workers’ compensation coverage for its employees.
An employee who experiences job-related illness or injury should report it to their employer. The employer then reports the claim to its insurance carrier. The carrier then must report it to the Utah Industrial Accidents Division.
Again, however, if a person who is not a company employee is injured as a result of the negligence of a company’s employee, they would file a lawsuit for negligence.
What Types of Companies Can Be Liable?
Any company that does business in Utah is potentially liable for a legitimate legal claim. Companies operate as sole proprietorships, partnerships, and corporations in Utah. Any of them can be liable if proven events establish their liability under federal or Utah state civil law.
A person’s ability to collect an award of money damages might be affected by the legal structure of the company or business that they sue.
For example, in Utah, a company may operate as a limited liability company (LLC). The LLC structure means that all of the people associated with the company do not have liability for the debts and legal liabilities, e.g. judgments, of the company. This is also true of a regular corporation. A person with a judgment for payment of damages would be limited to the collecting from the assets or insurance policies of the LLC itself.
One of the things a person wants to think about when they plan to sue a company is how it would pay any judgment the person might win. Most companies have various types of insurance coverage, and it may include a policy that covers the type of loss associated with a person’s lawsuit. However, a person contemplating a lawsuit would want to think about recovering their judgment.
How Do I Sue a Company for Damages?
As noted above, a person should first identify the court in which they want to file their lawsuit and what their cause of action is. They would then prepare a complaint, the legal document that begins a lawsuit, and file it with the clerk of the court they have selected as the appropriate one for their case.
Of course, a person’s attorney would handle these tasks if the person has an attorney. The complaint should state what the defendant did to make it liable and the type of relief that the plaintiff is seeking from the defendant. In most civil cases, the main remedy is the payment of monetary damages.
A person would state how the defendant harmed the person’s interests and the amount of money they seek in compensation. Or, if the person seeks a different remedy, they want to state this in their complaint.
Part of planning to sue a company would be thinking about how to prove the harm they suffered and justify the amount of money they seek in damages. They would consider whether they should also seek punitive damages.
The person who initiates a lawsuit is referred to as the “plaintiff.” The person or entity who is alleged to have caused harm to the plaintiff is the “defendant.” After filing a lawsuit with a court, the plaintiff must deliver a copy to the defendant. Of course, the defendant has the right to know that they have been sued. They also must have an opportunity to respond. In most courts, they have 30 days for this.
The plaintiff can ask the Clerk of the Court in which they file their lawsuit to have a process server deliver the necessary documents to the defendant.
Once the defendant has received their copy of the complaint, the plaintiff notifies the court of the service. Once the defendant files the answer, the case moves to the pre-trial phase.
Both parties are responsible for acting in accordance with the Utah Rules of Civil Procedure. A local Utah attorney would be able to explain more about the Rules of Civil Procedure.
How Long Do I Have to File a Lawsuit Against a Company?
A person has the amount of time specified by the statute of limitations to file a lawsuit. The statute of limitations is the law that provides a limited period of time in which a person may begin a case. The time usually starts running from the date of the events that give rise to the lawsuit. In some cases, the statute starts running on the date a person discovers that they have a cause of action.
The statute of limitations depends on the cause of action that a person alleges. For example, in Utah the statute of limitations for a claim for personal injury is 4 years. The statute of limitations for damage to property or trespass is 3 years.
The statute of limitations in Utah for breach of contract is 4 years if the contract is oral and 6 years if the contract is written.
A person who wants to sue a company should pay attention to the statute of limitations. If it is missed, a person may lose their right to sue. So once a person has identified their cause or causes of action, they should determine the applicable statute of limitations. They then want to file suit before the statute of limitations period expires.
Do I Need a Lawyer to Sue a Company?
If you want to sue a company for personal injury and/or property damage, you want to consult a Utah personal injury lawyer. LegalMatch.com can quickly connect you to a lawyer who can make a company answer to you for your losses and protect your rights.
If your dispute with a company involves business relations and possibly a contract, you want to consult a Utah business lawyer. Again, LegalMatch can quickly connect you to a business lawyer who can handle the case.
