A person thinking about filing a lawsuit against a company in Washington wants to prepare a plan. One of the first considerations is how much a person wants to recover from the company if they seek money damages. A person wants to specify how much money would compensate them for their losses.
This is important in part because the court in which a person would file their lawsuit would depend in part on the amount a person seeks in damages. Each district court in the State of Washington has a “Small Claims” division. In this Small Claims division, civil disputes in which a person claims less than $10,000 may be submitted and settled.
The Small Claims Division is designed to provide a forum in which disputes can be resolved at a lower cost and with less formality than in regular District Court.
Any individual, business, partnership, or corporation may file a claim in the Small Claims Division but only for the purpose of recovering an award of money damages. Other remedies would not be available. An individual person may claim up to $10,000. Other entities, e.g., a corporation, may seek up to $5,000 only. The government of the State of Washington may not be sued in a Small Claims Division.
In general, the claim must be filed in the district court of the county in which the defendant(s) lives. A party is allowed to have an attorney or paralegal represent them in the Small Claims Division only if a judge grants permission. This is true for both parties. Also, remedies that are not an award of money damages, e.g., an injunction or specific performance of a contract, are not available in Small Claims Division Court.
If a person decides to file in regular District Court, they should be represented by an attorney.
The next step in planning a lawsuit against a company is to identify the appropriate cause of action that a person wants to allege in their complaint. A cause of action is a legal claim that the law recognizes as legitimate.
A person could allege negligence on the part of the defendant in a personal injury claim in Washington. Or, if a person had a contract with the other party that is the source of their dispute, they might want to allege a cause of action for breach of contract.
A person might want to consult a local attorney in Washington for guidance in choosing the right court and identifying a cause of action because, in some circumstances, it could become complicated.
What Are the Reasons for Which I May Sue a Company?
There are a multitude of reasons for which a person may sue a company. The person might be a former employee who believes they had an employment contract with the company and the company violated it. A former employee might believe that their employment was wrongfully terminated. A current employee might want to claim that they were the victim of employment discrimination.
A person might sue a company because they purchased a product that has proven to be defective. The defective product may even have caused an accident in which the person suffered injury or property damage. So, they would allege a cause of action for strict product liability.
For example, a person might suffer a significant injury in a slip and fall accident in a grocery store owned by a company. The employee of a company might drive negligently and cause an accident for which the company would be liable. An who is employed by a property developer might commit professional malpractice for which the developer might be liable. These are just a few of the reasons for which a person might sue a company. There are many others.
What Types of Lawsuits Can Be Initiated Against a Company?
The key to success with a lawsuit is whether the plaintiff can prove the facts that establish the legal cause of action they claim. Again, common causes of action would involve allegations of negligence or breach of contract. However, many different causes of action are possible.
The employee of a company might be injured on the job and have a claim for workers’ compensation. An injured employee would file their claim for workers’ compensation with the Washington State Department of Labor & Industries.
Again, however, if a person who is injured as a result of the actions of the employee of a company, they would probably claim some manner of negligence.
What Types of Companies Can Be Liable?
Any company that does business in Washington is potentially liable, although companies with certain legal structures may have liability that is limited in certain ways. For example, in Washington, doing business as a limited liability company (LLC) protects the personal assets of the owner or owners from the LLC’s business debts and other legal liabilities. So, an LLC may be liable, but the successful plaintiff would be limited in their ability to collect a money judgment.
When a person plans a lawsuit against a company, they want to consider how the company would pay any judgment the person might win. Most companies have insurance to cover their potential liabilities, but a person contemplating a lawsuit would want to think about this problem.
A limited liability partnership (LLP) is another form of business recognized in Washington law. In an LLP, each partner in the partnership is shielded from the liabilities of other partners. However, a partner in an LLP, is not shielded from all liabilities, especially not their own. If a partner should guarantee a loan, they may be liable to repay it if the borrower does not.
Generally, however, any type of company may be liable for any legitimate legal causes of action if the person who initiates the lawsuit is able to prove all the elements of the causes of action they allege.
How Do I Sue a Company for Damages?
When a person determines the court in which they want to file their lawsuit and what their cause of action is, they then draft and file a complaint in the court they have selected as the right one for their action.
Of course, if a person has an attorney to represent them, this task would be handled by the person’s attorney. The complaint should state what the defendant is alleged to have done and the type of relief that the plaintiff is seeking from the defendant. In most civil cases, the primary form of relief is monetary damages.
A person would state in what way they have been damaged and the amount of money they seek in compensation. When planning, a person would consider how they are going to prove the extent of their injuries and losses and the justification for the amount of money they seek in damages. They would consider whether they should seek punitive or exemplary damages also.
In legal terminology, the person who files a lawsuit is the “plaintiff,” and the person who is sued is the “defendant.” The plaintiff is responsible for serving the defendant with a copy of their complaint. The defendant must be notified of the fact that they have been sued and have the opportunity to respond. The plaintiff can ask the Clerk of the Court in which they file their lawsuit to arrange to have a process server deliver the necessary documents to the defendant.
When the defendant has been served, the plaintiff files an affidavit called a “Proof of Service” to notify the court that this step is complete. The defendant has 30 days to file their answer and allege any counter-claim they may have against the plaintiff. Once the defendant has filed their answer and any counter-claims they may have, the parties can move on to the next phase of the lawsuit.
How Long Do I Have to File a Lawsuit Against a Company?
The length of time a person has to file a lawsuit is called the statute of limitations. Each state has its own statutes of limitations, and they generally depend on the cause of action at issue. For example, some statutes of limitations in Washington state are as follows:
- Negligence/Personal Injury: The statute of limitations is 3 years;
- Property Damage: The statute of limitation is 3 years;
- Trespass: The statute of limitations is 3 years;
- Breach of Contract: The statute of limitations for an action based on a contract in writing. Is 6 years and for an oral contract, it is 3 years.
A person would probably want to consult a Washington attorney for advice regarding statutes of limitations. Generally, however, a person should not delay in taking action towards filing a lawsuit if they think it is what they need to do. Identifying the statute of limitations that would apply to a person’s case would be part of planning a lawsuit, so the statute of limitations is not missed.
What Kind of Lawyer Do I Need to Sue a Company?
If you need a lawyer to sue a company in Washington for personal injury or property damage, you want to consult a Washington personal injury lawyer. A wide variety of claims come within the law of personal injury, and LegalMatch.com can connect you to a lawyer who can identify the appropriate cause or causes of action for your situation.
If you need a lawyer to handle a case that involves a contractual relationship, you want to consult a Washington business lawyer. Again, LegalMatch.com can put you in touch with a local Texas business lawyer who can formulate a plan for your business-related claim.
