The process of filing a lawsuit against a company in Vermont requires you to have a general understanding of many different areas of the law. For example, you must understand Vermont’s laws concerning civil procedure, case law, and numerous other civil laws and statutes.
As far as the exact process for filing a lawsuit against a company in Vermont, that will be dependent on the exact type of lawsuit you are seeking to file. In general, the process for filing a lawsuit against a company in Vermont will proceed as follows:
- Identify Your Legal Claim: The first step you need to do when initiating a civil lawsuit against a company in Vermont is to determine the basis for your lawsuit.
- This requires you to understand and be able to articulate your legal claims and the legal theory your claims will be based on;
- Draft and File Your Complaint: After you identify the type of lawsuit you will be filing, you will then need to draft your lawsuit, which includes naming the company that is responsible for your damages;
- Serve Your Lawsuit: After filing your civil lawsuit, you then must serve your lawsuit on the defendant company in order to provide them legal notice of your lawsuit;
- Pre-trial: After your civil lawsuit has been served on the defendant, who in most cases will be their registered agent, the company will then have an opportunity to file an answer to your lawsuit.
- Generally, at this point in time, settlement negotiations with the defendant company 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 your claim(s), 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 Vermont will be most familiar with the entire civil process outlined above. This means that an attorney will also be able to assist you with all phases of your lawsuit, including helping you gather evidence in the pre-trial phase to support your claims.
What Are the Reasons I Can Sue a Company For?
There are many different reasons you may have for suing a company in Vermont. Examples of common reasons which may serve as a basis for your 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, disability, sexuality, religion, etc.;
- Issues involving workplace harassment or other forms of employment discrimination, such as being denied a position or promotion based on your age or another protected characteristic;
- Wage and benefit issues, such as a company failing to timely pay your wages or provide you with benefits that were promised to you;
- Issues involving a company not delivering on their end of a sales agreement or service agreement;
- 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 injuring you, etc.
What Types of Lawsuits Can Be Initiated Against a Company?
Similar to the many reasons to sue a company, there are many different types of lawsuits that may be initiated against a company in Vermont. Examples of common lawsuits filed against companies in Vermont include, but are not limited to:
- Personal injury lawsuits, including actual injuries against your person and property damage lawsuits;
- 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;
- Lawsuits based on any other violations of Vermont civil statutes.
One of the most common lawsuits that are filed against companies 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 in Vermont, you, as the plaintiff (i.e., the person alleging they were injured), must prove all of the following legal elements:
- First, the company owed you a legal duty of care;
- Next, you must demonstrate that the company breached the duty of care that they owed to you;
- Next, you must then show that the company’s breach of duty was the actual and proximate cause of your injuries; and
- Finally, you must demonstrate that you suffered real damages as a result of the company’s negligent actions or inaction.
- Importantly, if you cannot demonstrate that you suffered quantifiable damages, then your lawsuit will likely be dismissed for failure to state a claim upon which relief may be granted.
What Types of Companies Can Be Liable?
Any type of company in Vermont can be held liable for violating federal, state, and/or local laws or injuring another person or party. For example, if a for-profit company, such as a corporation, limited liability corporation (“LLC”) or limited liability partnership (“LLP”) violates a civil statute or injures another party, then they may be held liable for such violations.
Additionally, non-profit companies, such as charities, may also be held liable for their violations of civil laws and statutes. Other types of organizations, such as governmental agencies, may also be held liable. However, governmental agencies may have governmental immunity that will need to be navigated around before you are able to sue them.
How Do I Sue a Company for Damages?
The process for suing a company for damages was outlined in general above. Once again, the exact process will be dependent on your specific case. Generally, in order to sue a company for damages in Vermont, you must first draft a civil lawsuit.
Next, you must file that civil lawsuit in the proper venue and pay any court filing fees. Generally, the venue will be the county in which you were injured, but it may also be a different court altogether.
Once your lawsuit has been filed, you must then serve the lawsuit on the registered agent of the company to provide them with legal notice. Information on a company’s registered agent can be found in the company’s Certificate of Organization filed with Vermont’s Secretary of State Office Business Services Division.
After properly serving the company, they will then have a period of time to file an answer to your civil lawsuit. Your lawsuit will then continue based on Vermont’s 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?
Vermont does have certain deadlines that you must adhere to when filing a lawsuit against a company. These deadlines are known as “statutes of limitations.” The statute of limitations is generally defined in Vermont as the time period that a person has to commence a lawsuit before they are later barred from bringing their lawsuit.
As far as the exact deadline for your personal case, that will be dependent on the basis for your specific case. For example, according to Vermont Statutes Title 12 § 512, the statute of limitations for lawsuits based on personal injury or accidents is three years. This means that people have three years from the day of their injury 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?
Business lawyers are the types of lawyers that most commonly sue companies. This is because business lawyers have a wide knowledge of all the laws involved in suing a company. As such, if you have suffered an injury or damages as a result of a company in Vermont, then it is in your best interests to consult with an experienced Vermont business lawyer.
LegalMatch can assist you in locating an attorney for your particular legal needs and help you with setting up a consultation. At an initial consultation with an experienced business lawyer, the attorney will be able to help you determine your best course of legal action and answer any questions that you may have.
Further, an attorney will also be knowledgeable about Vermont’s civil procedure laws. As such, an attorney will be able to represent you throughout the entire legal process should you choose to hire them to assist you in your lawsuit. Finally, an attorney will also be able to represent your interests in court, as needed.
