Can I Sue a Company for Negligence?
There are many reasons one can file a lawsuit against a company. Often those that file lawsuits against companies are employees, stakeholders, or customers. When businesses don’t hold up their end of the bargain, people can suffer, whether it’s physically, mentally, or emotionally. One might file a lawsuit against a company for breach of contract, discrimination, or an injury sustained on-site. Usually, these cases are taken to small claims court, while some are settled outside of court. Read on to find out more about how to sue a company for damages.
Companies will usually do everything they can to avoid the courtroom. So, getting legal assistance as soon as possible is essential. When going after a company that has wronged you, it’s crucial to have an experienced legal team fighting for you. The Houston personal injury attorneys at Reich & Binstock have decades of experience handling the most complex personal injury claims. If you believe a company harmed you, contact our law firm at (713) 622-7271 to schedule a free consultation today.
How Do I File a Lawsuit Against a Company?
Preparing for your lawsuit is almost as important as the lawsuit itself. Before you sue, it’s important to gather the evidence before pursuing legal action. You will also need all proof of where the company failed or did you wrong. This can include photos, copies of emails, medical records (if injured), medical bills, witness statements, and contracts. Once you’ve gathered evidence, you can file your claim with the local court clerk’s office.
Depending on the jurisdiction, you may be required to write a demand letter. This will notify the defendant company and court of the compensation you expect. You might visit small claims court if the damages are below $1,000.
Generally, you will want to file a civil lawsuit against the company if the damages exceed $1,000. When the company receives notice of the case, they will likely try to settle with you out of court. This can be complicated, so you should seek legal representation before going against a large company. Most companies want the dispute to go away as soon as possible. This is to protect their reputation and money so they will be prepared to fight. This is why having a team of experienced personal injury attorneys on your side is crucial when going after a company for negligence.
On What Grounds Can I Sue a Company?
There are many reasons someone would want to sue a company. You could seek legal compensation if you were injured on-site in a slip and fall accident, wrongfully terminated, or harmed due to a product malfunction. Once you hire an attorney, they will evaluate the evidence you have gathered and develop legal strategies for the lawsuit. The defendant company will also work to develop a strategy to prove that no unfair treatment occurred, so you must obtain as much evidence as possible before filing your complaint.
Types of Lawsuits Against Companies
Lawsuits against companies are often the result of a breach of contract or agreement between the company and the employee. Other common reasons one might file a lawsuit against a company are if they have experienced poor working conditions, sexual harassment, or wrongful termination.
Personal Injury
The company can be liable for damages when an accident happens on-site due to the business’s negligence. If you’re injured, you must prove that the company breached the duty of care which led to your injury. Businesses have a responsible duty of care to provide a safe environment for their employees and customers. Some reasons one might pursue a personal injury claim against a company are if they were served contaminated food and became ill with food poisoning or if they slipped and fell on the business premises.
Premises Liability
To file a premises liability claim, you must be able to prove that the business owner acted negligently, which caused your injury resulting in lost wages. To establish a premises liability case, your attorney might need copies of the police report, witness statements, pictures from the scene and accident, medical records, testimony from doctors, and proof of lost expenses and wages. Contact a Houston slip and fall lawyer today to start your claim.
Product Liability
To pursue a product liability case, one must prove a product was defective. These claims can be based on negligence, strict liability, or breach of warranty. There are three types of product defects: design, manufacturing, and failure to warn. If you or a loved one was injured due to a defective product, it’s essential to seek medical attention immediately and keep all records pertaining to the injury. Photos are also crucial when pursuing a product liability case. Contact a product liability lawyer today for more information about how to file your claim.
Professional Malpractice
There are many examples of professional malpractice, but the most common is medical malpractice. Medical malpractice occurs if a medical professional fails to provide reasonable care. Other types of professional malpractice are clergy malpractice, attorney malpractice, accountant malpractice, architect/engineer malpractice, and veterinary malpractice. There is a risk of malpractice whenever a professional or expert is involved. To prove malpractice, the plaintiff must show that the defendant did not exercise reasonable care, which caused them harm or injury. Contact a Houston medical malpractice attorney today to file your claim.
Breach of Contract
A contract creates obligations between the two parties that have agreed. When one party fails to uphold its commitments, a breach of contract occurs. If a dispute arises due to the breach of contract, one or both parties might pursue legal action. If the breach caused financial harm to one of the parties, they might be entitled to damages. This is the most common remedy when a breach of contract occurs. One can receive compensatory damages, punitive damages, nominal damages, or liquidated damages. Other remedies for breach of contract are specific performance or cancellation and restitution.
How Do Companies Try to Intimidate People?
There are many ways that a company may intimidate you into not filing a lawsuit. A company may try to scare you into not seeking medical attention, encourage you not to report your injury or file a claim, threaten you with disciplinary action, threaten to fire you, embarrass you, or pressure you into settling for less. Unfortunately, this happens often, so it’s important to retain legal representation if you have been hurt on the job or have any other type of negligent claim against a company.
Who Is Liable – the Company or the Owner?
If you were injured because of a business’s negligence, you could file a personal injury lawsuit against the company. If an employee caused your injury, you could not only sue the business (as they are responsible for their employees’ actions), but you could also sue the employee. Sometimes, you cannot sue the owner personally if the business is an LLC or a corporation. If the company is a sole proprietorship or partnership, you could sue the owner or owners and the business.
If a big company employs you, Like a Fortune 100 company, you may be unable to sue them if you signed a mandatory arbitration clause when you were hired. This clause protects the business’ reputation and means that complaints must be handled privately instead of in court. When you’ve been injured due to negligence on behalf of a company, your lawyer will evaluate your claim and find those responsible for paying your damages.
How Much Compensation Can I Get from Suing a Company?
Many factors will affect how much compensation you receive from filing a lawsuit against a company. This can depend on the type of lawsuit, the extent of your injuries, and the damages you are entitled to. You could be entitled to damages such as lost wages, medical bills, and noneconomic damages like compensation for emotional and mental suffering.
When pursuing a lawsuit against a company, it’s also important to consider attorneys fees and court costs. In some cases, these fees are included in the damages awarded to the plaintiff. Your attorney will tell you how much compensation you could receive from your lawsuit, as this varies from case to case. We will fight for you to receive the maximum compensation you deserve at Reich & Binstock.
How Much Does It Cost to File a Lawsuit Against a Company?
When deciding to file a suit against a company, weighing your options is important as this is a long and strenuous legal process. You’re never guaranteed a win, so it’s essential to seek professional advice to determine whether or not you have a case. For example, the cost of an attorney and filing fees may not be worth going to court over if you’ve received a minor injury.
How to Find an Attorney to Sue a Company
Before beginning the process of filing a suit against a company, you’ll want to find an experienced attorney to help you through the complicated legal process. Not all attorneys know how to sue a company, so you’ll want to do your research. For example, if you’ve been injured by a company or an employee of a company, you will want to hire a personal injury attorney.
Why Do I Need an Attorney to Sue a Company?
Companies will do whatever they can to have you settle your claim out of court. This can result in you not receiving the maximum damages from your injuries. Going against a large company in court can be complicated, so it’s important to have a team of experienced legal experts ready to fight for your rights.
How Long Do I Have to Sue a Company?
As with most lawsuits, you only have a certain amount of time to file the claim. In Texas, the most common statute of limitations is two years, but it’s important to know that depending on the type of case, the period could be shorter or longer. For instance, Texas has a four-year statute of limitations on lawsuits involving contractual obligations.
Contact a Skilled Personal Injury Attorney Today
The attorneys at Reich & Binstock are committed to helping you seek appropriate compensation if you’ve suffered an injury or other negligent claim against a company. For over 30 years, we have fought companies big and small so that they are held accountable for their actions or their employees’ actions. Don’t let the company scare you into thinking you don’t have a claim. Call the law firm of Reich & Binstock at (713) 622-7271 to schedule a free consultation today.
