Filing a lawsuit against a company in Wisconsin requires an understanding of many different areas of law. This is because there are numerous different reasons for which a company may be sued, which are discussed below. Additionally, you must also understand the civil procedure statutes.
Civil procedure statutes are the set of laws that outline the process that must be followed when initiating and engaging in a lawsuit against a company. The general process for filing a civil lawsuit against a company in Wisconsin is as follows:
- Identify the Basis for Your Lawsuit: The first step in initiating a civil lawsuit against a company in Wisconsin is identifying and understanding the basis for your lawsuit.
- In other words, you will need to identify the legal theory on which you are basing your lawsuit (negligence, strict liability, etc.);
- Draft and File Your Complaint: After you identify the basis for your lawsuit, you will then need to actually draft your lawsuit.
- Your lawsuit will include a detailed description of your legal claims and also who it is you are actually suing;
- Provide Notice to the Defendant: After filing your civil lawsuit, you then must serve the lawsuit on the defendant in accordance with civil procedure laws;
- Pre-trial: After your civil lawsuit has been served on the defendant, the defendant company will then have a period of time to file an answer/defense to your lawsuit.
- Generally, at this point in time, you will begin conducting civil discovery and engaging in negotiations with the defendant in order to try and reach a settlement prior to the trial phase;
- Trial Phase: Lastly, if you are unable to resolve your lawsuit prior to your trial date, your case will then be set before a judge and/or jury for a formal trial regarding your claims.
A local attorney in Wisconsin will be most familiar with the entire civil process and be able to assist you from the beginning to the end of your lawsuit.
What Are the Reasons I Can Sue a Company For?
There are many different reasons that a company may be sued in the state of Wisconsin. Examples of reasons that commonly serve as a basis for a lawsuit against a company in Wisconsin include:
- Wrongful termination, such as the company illegally terminating an employee;
- Issues surrounding workplace harassment or employment discrimination, such as an employee being denied a position or promotion based on a protected characteristic;
- Wage and benefit issues, such as a company failing to timely pay its employees wages or benefits that were promised to them;
- Issues involving infringement of intellectual property rights either by an employee or the company stealing the rightful intellectual property of an employee;
- One company suing another company based on a breach of an agreement or for other civil damages;
- Issues involving breaches of contract, such as the company breaching an employment contract;
- Issues involving a personal injury claim, such as a person being injured as a result of a company failing to maintain safe premises, creating a defective product, or an employee injuring them.
What Types of Lawsuits Can Be Initiated Against a Company?
There are many different forms that a lawsuit may take, just as there are many different reasons that serve as a basis for the lawsuit. Examples of common lawsuits filed against companies in Wisconsin include, but are not limited to:
- Personal injury lawsuits;
- Products liability lawsuits;
- Malpractice lawsuits;
- Premises liability lawsuits;
- Breach of contract lawsuits;
- Workplace discrimination or harassment lawsuits;
- Nuisance lawsuits;
- Defamation or libel lawsuits;
- Uniform Commercial Code lawsuits;
- Lawsuits based on fraud;
- Any other violations of federal, state, or local laws for which an individual suffers damages.
One of the most common lawsuits filed against a company is known as a personal injury lawsuit. In general, personal injury lawsuits are based on the legal theory of negligence. The process for filing a personal injury lawsuit based on a negligence in Wisconsin requires the plaintiff (i.e., the person alleging they were injured) to prove all of the following elements:
- First, that the company owed them a legal duty of care;
- Next, the company breached the duty of care that it owed to the plaintiff.
- Generally, this is through an act of negligence;
- Next, the company’s breach of duty was the actual and proximate cause of the plaintiff’s injuries; and
- Finally, the plaintiff must prove they suffered actual and quantifiable damages as a result of the company’s negligent actions or inaction.
- In other words, if the plaintiff did not suffer any actual monetary or other damages, their claim will be dismissed for failure to state a claim upon which relief may be granted.
What Types of Companies Can Be Liable?
In Wisconsin, any company can be held liable for their actions or inactions if they violate federal, state, and/or local laws. This means it does not matter what type of company it is. For example, a for-profit company, such as a corporation, limited liability corporation (“LLC”) limited liability partnership (“LLP”), or sole proprietor may all be held liable for violations of the law.
Similarly, non-profit companies, such as charities or non-profit organizations, can also be held liable for violations of the law. Other types of companies, such as government agencies, may also be held liable for violations of the laws.
How Do I Sue a Company for Damages?
The general process for suing a company for damages is outlined above. However, the exact process for suing a company will once again be dependent on your specific case. Generally speaking, in order to sue a company for damages in Wisconsin, you must first draft a civil lawsuit.
After drafting your civil lawsuit, you must file the lawsuit in the proper venue. The appropriate venue is generally the district court in the county that you live in. However, it may also be the county in which your injury occurred or the contract between you and the company was entered into.
Once your lawsuit has been filed, you must then properly serve the lawsuit on the company. This will generally be the company’s registered agent. After providing proper notice to the company, the company will have a period of time to file an answer to your civil lawsuit.
After the company’s answer period has passed, your lawsuit will then continue based on Wisconsin 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?
Importantly, there are deadlines that you must be aware of when filing a lawsuit against a company. These deadlines are known as “statutes of limitations.” The statute of limitations is the time period that you have to commence a lawsuit before you are barred from later bringing the lawsuit.
The exact deadline for your personal case will depend on the basis of your specific case. For instance, the personal injury statute of limitations in Wisconsin is found in Wisconsin Statutes § 893.54.
That statute provides that the “clock” for filing your civil lawsuit typically starts on the date of the accident or incident that led to your injury. At that point, you have three years from that date to commence your lawsuit. As such, if you fail to commence your personal injury claim within the prescribed time frame, you will then be barred from bringing a civil lawsuit against the company later.
What Kind of Lawyer Do I Need to Sue a Company?
You might be experiencing any legal issues or have suffered damages related to the actions or inactions of a company in Wisconsin. In that case, it is in your best interests to consult with an experienced Wisconsin business lawyer. An experienced business lawyer will be able to help you determine the best course of legal action to resolve your issues. An attorney will also be able to answer any questions that you may have.
Further, an attorney will also be knowledgeable about the state’s civil procedure laws. This means that an attorney can represent you throughout the entire legal process, from the beginning of the lawsuit to drafting the initial lawsuit and appearing in court.
