How to Sue a Company in Connecticut?

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 How Do I File a Lawsuit Against a Company in Connecticut?

When filing a lawsuit against a company that is incorporated or licensed in Connecticut, it will be necessary to have the legal name of the company and the name address of the registered agent of the business to provide proper legal service of the lawsuit. In most cases, a company will have legal representation.

To file a civil lawsuit in Connecticut, an individual must complete a Summons, Civil Actions (JD-CV-1) form, available on the State of Connecticut Judicial Branch website. An individual must attach a copy of their legal complaint to the summons.

Once the paperwork is completed, it must be delivered to the Superior Court Clerk’s Office. The Superior Court Clerk will then sign the summons and return the original complaint to the individual called the plaintiff.

Once the paperwork is signed, the original summons and complaint must be given to a State Marshal to serve on the party being sued or the defendant. A list of State Marshals can be found at the clerk’s office.

If an individual cannot afford the filing fee, they can complete an Application for Waiver of Fees form (JD-CV-120), also found on the State of Connecticut Judicial Branch website. This form must be completed before the claim paperwork is sent to the State Marshal.

If an individual is not sure of the name of the owners of the company, they can contact the local county clerk’s office or chamber of commerce. Another avenue available for taking action against a company is filing a claim in small claims court if the amount in controversy is $5,000 or less.

In a small claims court, the court can only order a judgment for money. It cannot require a party to return property or to stop or start doing anything.

In Connecticut, an individual is not required to have a lawyer in small claims court, but they are permitted to have representation. For any questions or concerns regarding suing a company in Connecticut, an individual should consult with a local attorney in Connecticut.

What Are the Reasons I Can Sue a Company For?

There are numerous different reasons that an individual may have for filing a lawsuit against a company, such as:

  • The company illegally terminated an employee, referred to as wrongful termination;
  • The employee suffered harassment either when visiting the company as a patron or when working for the company;
  • The company infringed on an individual’s intellectual property rights or plagiarized their work;
  • A company did not return money that was owed, for example, a security deposit;
  • A company failed to pay an employee their earned salary;
  • The company provided misinformation about products or tier financial situation;
  • The company breached a warranty or contract; or
  • The conduct of the company caused an individual to be injured, such as:
    • Failing to maintain a safe premises;
    • An employee injuring another person;
    • A company product caused harm to an individual.

What Types of Lawsuits Can Be Initiated Against a Company?

Just as there are numerous reasons why an individual may want to sue a company, there are also numerous different legal basis on which a company may be sued, including, but not limited to:

  • Products liability;
  • Nuisance;
  • Tax fraud;
  • Employment discrimination;
  • Defamation;
  • Personal injury claims;
  • Premises liability;
  • Professional malpractice;
  • Breach of contract;
  • Discrimination or harassment;
  • False advertising;
  • Violations of federal laws.

The process that an individual will be required to follow when suing a company will vary depending on:

  • The category of the company;
  • The laws of the jurisdiction;
  • The facts of their specific issue; and
  • The legal theory the claim is based upon.

What Types of Companies Can Be Liable?

The majority of categories of companies can be held liable for their conduct or actions if they violate local, state, or federal laws. Common examples of the categories of companies that may face liability include:

  • Solo practitioners;
  • Small business owners;
  • For-profit companies, such as:
    • Corporations;
    • Limited liability companies;
    • Partnerships;
  • Non-profit organizations, for example, charities;
  • Federal, state, or local government agencies;
  • Other types of companies, such as:
    • Schools;
    • Hospitals;
    • Retail chain stores;
    • Others.

Different categories of companies will incur different levels of liability. For example, with a limited liability company (LLC), only the LLC itself can be held liable.

In contrast, a corporation as well as the owners of a corporation can be held liable. A Connecticut attorney can help an individual determine the type of company they are suing and the liability they may be subject to.

How Do I Sue a Company for Damages?

An individual can take certain steps when they are preparing to sue a company for damages that can increase their chances of having success with their claim, such as:

  • Before filing their lawsuit, an individual can speak to a representative of the company to determine if there is another way to resolve the issue;
    • An individual should report any issues they have directly to the company in writing;
  • If the company refuses to or fails to fix the issue, an individual should consult with an attorney;
    • When this occurs, an individual should collect information and evidence to support their claim, which may include:
      • Emails;
      • Reports;
      • Letters;
      • Witness contact information;
      • Business policies;
      • Other relevant documents or evidence;
  • An individual should consider the remedy they want to receive, for example, monetary compensation, a replacement product, or another type of compensation;
  • If a case only involves a small amount of damages, a claim may be filed in small claims court, as discussed above, which can save both time and legal costs;
    • Although an individual is permitted to represent themselves in a small claims court, they should still consult an attorney for advice;
  • If an individual hires a lawyer to handle their issue, the lawyer will take over and prepare the case and file the claim in court;
    • The steps a civil lawsuit will follow include:
      • Filing the complaint;
      • Serving the defendant with notice;
      • Preparing the case;
      • Responding to motions;
      • Gathering evidence;
      • Subpoenaing necessary witnesses.

Examples of the types of remedies that a plaintiff may receive if they are successful in their claim include, but may not be limited to:

  • Monetary damages;
  • Replacement products;
  • An order from the court stating the company is legally obligated to change their company:
    • 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?

The statute of limitations is a time limit on how long an individual has to file a lawsuit. This means that they have a certain amount of time to file after the issue arises or an incident occurs.

The length of the statute of limitations will depend on the jurisdiction where the claim is being filed and the reason for the lawsuit. If the lawsuit is not filed within the timeframe outlined in the statute of limitations, the plaintiff will not be able to recover damages because their claim will be dismissed.

For information on the statute of limitations in their area, an individual should consult with a lawyer to sue a company.

What Kind of Lawyer Do I Need to Sue a Company?

If you believe you may need to file a lawsuit against a company to resolve your issue in Connecticut, it is essential to reach out to a Connecticut business lawyer. A business lawyer will be aware of the proper legal procedures and strategies to use to produce the best outcome for your case. LegalMatch can help you find the right lawyer for your legal needs.

Your attorney will be able to present your case as well as defend against claims made by the company, which will most likely be represented by a lawyer. If the company wants to negotiate a resolution outside of court, your lawyer will represent you during those negotiations as well as during court appearances.

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