When considering filing a lawsuit against a company in Arizona, it can be helpful to have information on the requirements and process. These may vary depending on things such as:
- The company type;
- The laws in the specific jurisdiction;
- The facts of the case; and
- The legal theories used in the claim.
It is important to begin by consulting with a local attorney in Arizona who will be able to explain the requirements and steps in detail. In general, a claim will be filed in the county or state where the defendant company is registered or conducts business.
When filing a lawsuit, the first step is to file a summons and complaint as well as pay the required filing fee. The next step is to serve a copy of the lawsuit on all of the named defendants.
Service is usually completed by a local sheriff’s department. A complaint names all of the parties who are being sued and outlines the issues and remedies that the plaintiff is requesting.
Many businesses and companies have the resources to defend any claims made against them. They may even have attorneys employed to handle any issues that arise.
Because of this, it is essential to have legal representation when an individual is suing a company to help ensure the best possible outcome for the plaintiff.
What Are the Reasons I Can Sue a Company For?
There are almost an infinite number of reasons why an individual may desire to sue a company, for example:
- Misleading product claims;
- Providing misleading information about the company’s financial situation;
- Wrongful termination;
- Not returning money that was owed, such as a security deposit;
- Harassment either as an employee or as a patron of the business;
- Non-payment of a salary;
- Employment discrimination;
- Infringing upon an individual’s intellectual property rights or plagiarize their work;
- Breach of a warranty or contract;
- Causing injury to an individual in some way, such as:
- Failing to maintain a safe premises;
- An employee causing an injury;
- A product causing harm.
An attorney can help an individual determine what types of claims they can file. In some cases, an individual may be able to include more than one issue in their lawsuit.
What Types of Lawsuits Can Be Initiated Against a Company?
There are also seemingly infinite legal theories that a plaintiff can base their lawsuit on, for example:
- Nuisance;
- Professional malpractice;
- Breach of contract;
- Products liability;
- Premises liability;
- Discrimination or harassment;
- Tax fraud;
- A personal injury claim;
- Defamation;
- False advertising;
- Violations of federal laws.
What Types of Companies Can Be Liable?
Nearly any type of company may be held liable for damages if they engaged in conduct that violated federal, state, or local laws. The types of businesses that may be held liable for damages include, but may not be limited to:
- Small business owners;
- Government agencies at the following levels:
- Non-profit organizations, such as charities;
- Schools;
- Hospitals;
- For-profit companies, such as:
- Corporations;
- Limited liability companies;
- Partnerships;
- Other types of for-profit companies;
- Retail chain stores;
- Solo practitioners;
- Other types of companies.
The way a business is structured will determine its liability. For example, when a limited liability company (LLC) is sued, only the LLC will be held liable for damages.
LLCs are structured in order to help its owners avoid liability. In contrast, when a corporation is sued, the corporation, as well as its owners, may be held liable for damages. In these cases, the plaintiff can sue both the company and the owners of the company.
How Do I Sue a Company for Damages?
There are several important steps that an individual should take when filing a lawsuit so they can increase their chances of being successful. Before filing their claim, an individual should ask a company representative if they can resolve their issue without having to go to court.
Many times, a business will want to ensure the happiness of their customers and their reputation in order to avoid litigation. The company should be notified in writing of any issues.
If the business will not or cannot fix the problem, it is important to consult with a lawyer. In addition, an individual should keep evidence that supports their claim, including:
- Letters
- Emails
- Reports
- Business policies
- Other documentation and evidence
If the damages in a case are $3,500 or less, an individual can file their claim in an Arizona small claims court. It is important to note that attorneys are not permitted in small claims courts unless both sides agree.
Although an individual can represent themselves in the small claims court, it is still important to consult with an attorney who can provide advice and answer questions regarding the claim. If an individual hires an attorney to file their claim in court, the lawyer will handle the legal strategies and requirements to keep the claim moving, such as:
- Filing the complaint;
- Serving the defendant or defendants;
- Preparing the case;
- Responding to motions;
- Gathering evidence; and
- Subpoenaing necessary witnesses.
What Damages May Be Available?
If a plaintiff’s claim is successful, they might be able to recover different types of damages, such as:
- Monetary damages;
- Replacement products;
- Requiring the company to change their:
- Handbooks;
- Policies;
- Procedures;
- Various economic and noneconomic damages;
- Punitive damages or fines;
- Restitution.
How Long Do I Have to File a Lawsuit Against a Company?
Typically, there will be a time limit that a plaintiff has to file their claim, called the statutes of limitations. The statute of limitations will depend on the laws of the jurisdiction in addition to the type of claim that is filed.
If a plaintiff does not file their claim within the required time, they will not be able to recover damages. A plaintiff may be able to determine the statute of limitations for their area on their own, but it is important to check with a lawyer to sue a company to ensure they know the correct time limit.
An individual can find the statute of limitations by:
- Identifying the jurisdiction: Determine the state or jurisdiction where the issue occurred or where the business operates;
- Researching state laws: Consulting the state’s official legislative website or performing an online search can be done to find state laws and statutes that govern the statute of limitations for various types of cases;
- Using legal resources: Using online legal resources, such as LegalMatch, can provide comprehensive information on state-specific statutes of limitations; and
- Consulting with an attorney: Consulting an attorney who is knowledgeable about the laws in the jurisdiction is likely the best way to ensure accurate information is found.
What Kind of Lawyer Do I Need to Sue a Company?
It can be challenging and overwhelming for you to try and handle any type of legal issue on your own. If you are considering suing an Arizona company, it is essential to consult with an Arizona business lawyer who can provide you with advice regarding your best options for damages.
If the company you sue wants to settle your claim outside of court, your attorney will be present during any negotiations to help ensure you receive a fair offer. In addition, your lawyer will be there with you every time you appear in court.
Your attorney will present your case on your behalf. They will know the likely defenses that will be presented and the best way to present evidence against those.
The company will likely have legal representation during all steps of the claim process. Having a lawyer handle your claim will give you the best chance at obtaining the damages you desire to compensate you for your losses.
