When considering filing a lawsuit against a company in Virginia, it may be helpful for an individual to have information on the process. The process for a lawsuit may vary depending on certain factors, such as:
- The laws of the jurisdiction;
- The type of company;
- The facts of the specific issue; and
- The legal theories upon which their claim is based.
It would be advisable to consult with a local attorney in Virginia who can explain the steps in detail for the individual’s specific claim. However, typically, lawsuits are filed in the county or state where the incident occurred or where the defendant company is registered or conducts business.
Filing the summons and complaint and paying the filing fee is the first step for filing a lawsuit. After this, the plaintiff, or individual who filed the lawsuit, will have to serve a copy of that lawsuit on each defendant.
Typically, service will be completed by the local sheriff’s department. The complaint will identify the defendants who are being sued as well as outline the issues and remedies that the plaintiff is seeking.
Many companies will have the financial resources to defend any lawsuits that are filed against them. Some companies may even have a lawyer or lawyers on staff who handle lawsuits on the company’s behalf.
Because of this, it is essential for an individual to have an attorney when they are suing a company in order to help ensure the best possible outcome for their case.
What Are the Reasons I Can Sue a Company For?
Examples of the many reasons that an individual may desire to sue a company include:
- Non-payment of a salary;
- Providing misleading information about the company’s financial situation;
- Wrongful termination;
- Harassment either as an employee or as a patron of the company;
- Not returning money that was owed, for example, a security deposit;
- Employment discrimination;
- Misleading product claims;
- Breach of a warranty or contract;
- Infringing upon an individual’s intellectual property rights or plagiarize their work;
- Causing injury to an individual in some way, such as:
- Failure to maintain a safe premises;
- An employee causing injury;
- A product produced by the company causing harm.
What Types of Lawsuits Can Be Initiated Against a Company?
In addition to the many reasons an individual may want to sue a company, there are also many legal theories an individual may be able to use to sue a company, such as:
- Products liability;
- Breach of contract;
- Defamation;
- Tax fraud;
- Premises liability;
- Discrimination or harassment;
- Nuisance;
- A personal injury claim;
- Professional malpractice;
- False advertising;
- Violations of federal laws.
What Types of Companies Can Be Liable?
It is important to be aware that most categories of companies can be held liable for engaging in conduct that violates federal, state, or local laws, for example:
- Hospitals;
- Government agencies at the following levels:
- Non-profit organizations, such as charities;
- For-profit companies, such as:
- Corporations;
- Limited liability companies;
- Partnerships;
- Other types of for-profit companies;
- Small business owners;
- Solo practitioners;
- Schools;
- Retail chain stores;
- Other types of companies.
The liability of the business will be determined by its structure. For example, if an individual sues a limited liability company (LLC), only the LLC can be held liable.
In contrast, if a corporation is sued, the business itself, as well as the individual owners, may be held liable. In these cases, the plaintiff can sue both the company and the company owners.
How Do I Sue a Company for Damages?
There are numerous steps an individual can take when they are filing a lawsuit against a company that can increase their chances of resolving the issue. Before filing a lawsuit, an individual should ask a representative of the company if there is another way they can resolve the problem.
In most situations, the company will desire to keep their customer happy, and they will usually work with the customer to avoid litigation. It is important to notify a company in writing of any issues.
If the company cannot or will not fix the issue, the customer should obtain advice from an attorney. It is important to collect evidence that supports the claim, such as:
- Letters
- Business policies
- Emails
- Reports
- Other documentation and evidence
Another consideration is that, if the damages are less than $5,000 in Virginia, an individual may be able to file their claim in small claims court and save themselves both time and money. When an individual is determining where to file their claim and what to file, it is typically time to seek advice from an attorney.
When an individual hires an attorney, they will provide advice about the claim, answer any potential questions, as well as handle the following:
- Filing the complaint;
- Serving the defendant with notice;
- Preparing the case;
- Responding to motions;
- Gathering evidence; and
- Subpoenaing necessary witnesses.
If the individual’s claim is successful, they may be able to recover damages, such as:
- Monetary damages;
- Replacement products;
- Requiring the company to change their company:
- Handbooks;
- Policies;
- Procedures;
- Various economic and noneconomic damages;
- Punitive damages or fines; and
- Restitution.
How Long Do I Have to File a Lawsuit Against a Company?
Typically, there is a time limit for filing lawsuits, called the statute of limitations. This time limit will vary depending on the type of claim filed and the laws of the jurisdiction.
If an individual does not file their claim in the right amount of time, they will not be able to recover any damages. It may be possible to determine the statute of limitations, but it is important to ask a lawyer to sue a company to make sure the claim is filed in a timely manner.
Statute of limitations are used to ensure that lawsuits are filed within a reasonable time. This preserves the integrity of the evidence as well as ensures that defendants are not indefinitely exposed to the possibility of lawsuits against them.
When Does the Statute of Limitations Begin?
The statute of limitations will begin to run when an injury occurs or when a plaintiff becomes aware of an injury or issue. This is referred to as the discovery rule.
This rule allows the statute of limitations to be paused or tolled until the plaintiff has reasonably discovered the harm caused by the defendant’s conduct. This allows a balance between allowing plaintiffs to file claims when things are not discovered immediately and defendants not being subjected to a lawsuit many years after an issue.
What Kind of Lawyer Do I Need to Sue a Company?
If you are considering suing a company in Virginia, it is essential to consult with a Virginia business lawyer. Your lawyer will help you determine the best legal options for you to obtain damages.
It can be difficult and stressful to try and navigate the court system on your own. Having a lawyer handle your case will provide you with the best possible chance at success and a resolution to your issue.
If the company you are suing wants to settle the claim outside of court, your lawyer will represent you during those negotiations. Your attorney will also represent you any time you are required to be in the courtroom.
Your attorney will present all evidence to the judge or jury. In addition, your attorney will know the likely defenses that the other side will present and how to counter those to help ensure the success of your claim.
