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How to File a Lawsuit Against a Company

Posted on: December 25, 2023

PN Editor
December 25, 2023

How to File a Lawsuit Against a Company

How to Professionally Sue a Company to Remedy an Injustice

Navigating the Legal Pathway to Sue a Company

In the realm of commerce, while many corporations conduct their operations with integrity, there are instances where some fall short of their ethical and legal obligations. When such shortcomings lead to consumer or employee harm, it’s necessary to understand the legal avenues available to seek redress and hold the respective company accountable for such injustice. To that extent, a company’s duty of care encompasses responsibilities towards customers, employees, and the general public. A breach of this duty that results in injury warrants the exploration of legal action to pursue justice. Reasons to initiate a lawsuit against a business could range from personal injuries incurred on company premises to discriminatory employment practices.

Understanding Your Case

Prior to proceeding with legal action, it is imperative to ascertain the viability of your case. Not all perceived injustices are necessarily grounds for a legal claim. A specific grievance against a company must evidence a dereliction of duty that has directly caused you harm. Instances of such negligence may include inadequate maintenance inspections, unaddressed hazards, or a lack of sufficient safety notifications.

Types of Lawsuits Against Companies

Among the multitude of legal claims that can be filed against companies are personal injury demands, however, the scope of potential lawsuits extends beyond this category. Product liability, professional malpractice, premises liability, breach of contract, discrimination or harassment, and defamation, to name a few, are all legitimate bases for litigation against a business entity. Issues such as false advertising and tax fraud also constitute legal grounds for consumer protection lawsuits.

The list of potential grievances continues, including intellectual property disputes arising from unauthorized use of proprietary technology or logo misappropriation. Likewise, shareholder lawsuits may allege securities fraud or breach of fiduciary duty, while environmental litigation may address violations of eco-regulatory standards.

It should be noted that a company’s structure, size, or the industry it operates within does not exempt it from lawsuits if it engages in negligent or wrongful conduct. Multiple claims may be filed concurrently, and the repercussions for a company can be considerable, encompassing financial penalties, reputational damage, and mandatory alterations to business operations.


Guidelines for Filing a Lawsuit Against a Business Entity

Initiating legal action against a business entity is akin to suing an individual, but with additional procedures that must be precisely followed. Neglecting these procedural steps could lead to the dismissal of your lawsuit, potentially requiring you to commence the entire process anew.

Step 1: Determine the Company’s Incorporation Status

Before filing a lawsuit against a company, it is imperative to ascertain whether it is incorporated. An incorporated entity may be a corporation, a limited liability company (LLC), or a partnership that has been officially established and is registered within the state jurisdiction. This incorporation confers upon the company a separate legal identity, thus allowing it to be sued in a court of law.

Large businesses are generally corporations, whereas medium and smaller businesses might be LLCs. Nonetheless, some smaller entities operate unincorporated as sole proprietorships, which do not possess distinct legal identities and are essentially individuals trading under a business name.

Identifying a company as incorporated can often be done through its name, typically followed by “Inc.” or “LLC.” To verify a company’s status, perform a search on your state’s online database of registered corporations. For instance, in Maryland, the SDAT Business Entity search tool is available for such inquiries.

Step 2: Locate the Registered Agent

Upon confirming that a company is incorporated, the next action is to identify the state-registered agent for that business. The role of the registered agent involves accepting legal documents, including lawsuits, on the company’s behalf. The pertinent information can be uncovered by searching the state’s registry of corporate entities.

Step 3: Filing and Service of the Lawsuit

Filing a civil complaint properly requires specifying the corporate name, address, and that of the registered agent. Once filed, the court clerk will assign a case number and issue a summons to be served to the registered agent of the company, which can be hand-delivered.

An experienced attorney from Pusch & Nguyen will provide invaluable guidance throughout the legal process, including the service of notice to the company, evidence collection, motion responses, and witness subpoenas. Their expertise covers elucidating associated fees, and they can effectively advocate for economic, non-economic damages, or company policy changes if warranted.

Contact Details for Pusch & Nguyen

For further assistance or to commence the process of lawsuit filing, please contact Pusch & Nguyen at 833-787-4946.

Tips for Litigating Against Corporations

Initiating legal proceedings against a company requires careful preparation due to their propensity to mount a vigorous defense, often facilitated by experienced legal teams or by insurance-provided counsel. Here are several essential strategies that may aid in your preparations to sue a corporation.

Medical Attention and Comprehensive Documentation

Even if an injury seems inconsequential, it is imperative to secure prompt medical aid. This action serves a dual purpose: ensuring your health and creating documented evidence of the injury. Compile exhaustive records including medical diagnosis, treatments, bills, and correspondences with healthcare and insurance entities to fortify your lawsuit.

Thorough Information Compilation

Gather every pertinent detail relevant to your injury. Accumulate information from witnesses, document a detailed narrative of the events, and maintain a timeline of ensuing occurrences. Such meticulous data collection is instrumental in providing your lawyer with robust evidence to construct your case and engage effectively with insurance firms.

Countering Corporate Defense Strategies

Be cognizant of the lengths to which companies might go to avert claims, utilizing tactics of intimidation or procrastination among others. It is advisable to have proficient legal representation to counteract these corporate strategies and champion your entitlements. One must remain resolute, irrespective of any assertions to the contrary, as businesses have an obligatory duty of care to their clientele, workforce, and the general populace. Failure to fulfill this duty that results in harm legitimates a quest for legal redress.

Anticipate various defense ploys such as disputing the claim’s legal basis, insinuating invulnerability to legal action, suggesting inadequacies in the lawsuit’s legal stature, or contending the plaintiff’s lack of standing. Furthermore, companies might contest the jurisdiction or choice of venue for the lawsuit, often seeking a transfer to a more favorable location.


Understanding Delay Tactics and Settlement Approaches

Businesses are known to employ delay strategies as a means to retain their funds for extended periods of time, with the underlying hope that the aggrieved parties will become discouraged and ultimately relinquish their claims. This practice often persists into the litigation phase, where companies may engage in excessive filings of motions, requests, or other legal documents. Such actions are designed to protract the legal proceedings, potentially increasing the plaintiff’s expenses and exerting pressure to abandon the lawsuit or settle for a reduced amount.

The Initial Step: Seeking an Amicable Settlement

Before embarking on the litigation path, it is advisable to present your grievance directly to the company in question. Many corporations tend to favor settling disputes outside of court to prevent the escalation to legal action, potentially leading to a swift and mutually satisfactory agreement. Should the company fail to adequately address your concerns, it is imperative to continue amassing pertinent information and be poised to elevate the issue through the appropriate legal channels.

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