If an individual has an issue in West Virginia and feels like filing a lawsuit against a company may be necessary, the prospect of going to court against a business may seem stressful and overwhelming. Having some information about the process can help ease the stress that may be associated with having a legal dispute.
Another way that an individual can make the process less stressful for themselves is to reach out to a lawyer to sue a company and allow them to handle the dispute. The process for filing a lawsuit against a company in West Virginia may vary depending on several factors, such as:
- The laws of the jurisdiction;
- The type of company;
- The facts of the individual’s problem;
- The legal theories upon which the claim will be based.
A local attorney in West Virginia can provide information on the steps that will have to be taken to resolve the dispute. Typically, lawsuits are filed in the county or state where the company is registered or conducts business.
The first step is to pay the filing fee for filing a summons and complaint. Once this step is complete, the individual filing the claim has to serve a copy of the lawsuit on each named defendant.
In the majority of cases, service of process will be done by the local sheriff’s department. The complaint names each defendant, outlines the issue the plaintiff has, and outlines the remedies that the plaintiff is seeking.
Businesses usually have the financial resources to hire legal representation when they are defendant claims that are made against them. Some businesses even employ attorneys to handle legal issues.
Because the business will most likely have its own lawyer, it is essential that the plaintiff or individual filing the complaint is represented to ensure they receive the best outcome for their issue.
What Are the Reasons I Can Sue a Company For?
Suing a company may be necessary for numerous different reasons, for example:
- An individual not receiving their earned paycheck or salary;
- Providing misleading information about the business’s financial situation;
- Wrongful termination;
- 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.
- Harassment as an employee or as a patron of the business;
- Breach of contract;
- Not returning money that the company owed, for example, a security deposit;
- Employment discrimination;
- Breach of a warranty;
- Making misleading claims about a product;
- Infringing upon the intellectual property rights of an individual or plagiarizing their work.
What Types of Lawsuits Can Be Initiated Against a Company?
In addition to the many different reasons that it may be necessary to sue a business, there are also numerous different types of lawsuits that can be filed against a business, such as:
- Products liability;
- Harassment;
- Nuisance;
- Breach of contract;
- Defamation;
- Professional malpractice;
- A personal injury claim;
- Discrimination;
- Tax fraud;
- Premises liability;
- False advertising;
- Violations of federal laws.
What Types of Companies Can Be Liable?
There are nearly endless different types of companies that can be held liable for conduct that violates the law, including federal, state, and local laws. The types of companies that may be held liable for damages may include, but are not limited to:
- Solo practitioners;
- 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;
- Retail chain stores;
- Hospitals;
- Schools;
- Other categories of companies.
The amount of liability a business can face will be determined by how it is structured. For example, with a limited liability company (LLC), only the business itself may be held liable for damages.
How Do I Sue a Company for Damages?
As discussed above, an individual begins suing a company for damages by filing a summons and complaint. However, there are certain steps an individual can take prior to filing a lawsuit to help ensure a successful claim.
Before filing a claim, it is important to contact the business and ask whether or not they would be willing to resolve the issue in order to avoid litigation. Most businesses will be interested in resolving any issues in order to avoid costly litigation or bad reviews.
The customer should notify the company in writing of the issue they are having. If the dispute cannot be resolved or if the company refuses to take action, it is important to consult with a lawyer.
It is also very helpful to keep copies of any evidence that may support the claim, such as:
- Text messages
- Reports
- Business policies
- Receipts
- Emails
- Letters
- Other documentation and evidence
If the damages the plaintiff is seeking are $10,000 or less in West Virginia, an individual may file their claim in small claims court to save both time and money. In West Virginia, the parties can be represented by legal counsel.
If the plaintiff decides to hire an attorney, their attorney will give them advice about their claim, answer any questions they may have, and handle all issues related to their dispute. Filing a lawsuit against a company will involve the following steps, which the lawyer will handle:
- Filing the complaint;
- Serving the defendant;
- Preparing the case;
- Responding to motions;
- Gathering evidence; and
- Subpoenaing necessary witnesses.
What Damages Can I Receive if I Win My Case Against a Company?
If the plaintiff wins their case, there are different types of damages they may be able to obtain, such as:
- Monetary damages;
- Having the company change their:
- Handbooks;
- Policies;
- Procedures;
- Various other types of economic and noneconomic damages;
- A replacement product;
- Fines;
- Punitive damages;
- Restitution.
How Long Do I Have to File a Lawsuit Against a Company?
The time frame in which an individual will have to sue a company will be determined by the statute of limitations. This means that there is a certain period of time in which a plaintiff will be allowed to file their claim.
If the claim is not brought during the time frame provided by the statute of limitations, the case may be dismissed in court, and the plaintiff may not be permitted to recover damages. Even though it is possible to research the statute of limitations, it is essential to verify the length of time with a lawyer.
The statute of limitations will begin to run when the individual becomes aware of the injury or issue or when an incident occurred. Statutes of limitations are in place to ensure that plaintiffs bring timely claims and that descendants are not subjected to lawsuits after a long period of time has passed and evidence is no longer available.
What Kind of Lawyer Do I Need to Sue a Company?
You may need to sue a business in West Virginia. If so, it is important to consult with a West Virginia business lawyer who can advise you on the best legal options for your case and the damages that may be available. Navigating the court system by yourself can be a stressful experience.
Allowing a lawyer to handle your claim can help ease some of the stress and give you the best possible chance of reaching a resolution for your dispute. If the company wants to settle your dispute outside of court, your lawyer will represent you during negotiations to ensure that you receive a fair settlement.
