An individual will need to file their lawsuit against a company in Ohio on the appropriate jurisdiction. This means that the lawsuit will need to be filed in the proper court, for example, state or federal court.
Once an individual determines the proper court, they will file a petition or complaint. This will require the payment of filing fees with that court.
After filing, the plaintiff will have to properly serve the lawsuit on the defendant. If an individual is considering filing a lawsuit in Ohio, they should consult with a local attorney in Ohio who can determine the proper jurisdiction and file the lawsuit with the proper court.
When filing a lawsuit against a company, it is important to consult with a lawyer, as most companies have lawyers on staff or the financial resources to hire a lawyer to defend them against a lawsuit. In addition, a lawyer can help the plaintiff with pre-trial settlement options.
What Are the Reasons I Can Sue a Company For?
There are numerous different reasons why an individual may desire to sue a company. Common reasons for suing a company include:
- The company illegally terminated an individual;
- If an individual suffered harassment either when they were working at the company or when they were visiting the company as a patron;
- When a company fails to pay a worker their earned salary or if the company does not return money they owe;
- A company misled a party about product claims or the company’s financial situation;
- They infringed an individual’s intellectual property rights or plagiarized their work;
- The company breached a contract or breached a warranty; and
- The company injured an individual in some way, such as:
- Falling to maintain a safe premises;
- An employee of the company hurt the plaintiff;
- A product made by the company caused the plaintiff harm.
What Types of Lawsuits Can Be Initiated Against a Company?
There are almost countless reasons an individual can sue a company. Similarly, there are many different legal theories on which a lawsuit can be based, for example:
The process for suing a company will vary depending on several factors, including:
- The type of company;
- The facts of the issue;
- The legal theories that the claim is based upon.
For example, if an individual brings a personal injury claim, it will likely involve negligence. To prove negligence, a plaintiff will have to show:
- The company owed them a duty of care based on their relationship, such as employer-employee, doctor-patient, or status, such as an invitee, licensee, or trespasser;
- The company breached that duty by acting in a manner that fell below the standard level of care that a company in the same or a similar situation would have acted;
- The company was both the actual and proximate cause of the plaintiff’s injuries; and
- The plaintiff suffered quantifiable damages as a result of the company’s negligence.
What Types of Companies Can Be Liable?
Most companies can be held liable for their actions that violate local, state, or federal laws. Examples of companies that can be held liable include:
- For-profit companies, such as:
- Corporations;
- Limited liability companies;
- Partnerships;
- Non-profit organizations, for example, charities;
- Small business owners;
- Solo practitioners;
- Federal, state, and local government agencies; and
- Other company types, for example:
- Schools;
- Hospitals;
- Retail chain stores;
- Other types.
The different types of company structures will result in different forms of liability. For example, with corporations, both the corporation and the individual owners may be sued for damages.
In contrast, if an individual is suing an LLC, only the LLC itself can be sued for damages. An LLC is structured specifically to assist the individual owners with avoiding liability for the business debts or other issues associated with it.
How Do I Sue a Company for Damages?
There are several steps an individual should take to help ensure that they have a successful lawsuit. Before filing a lawsuit, it may be helpful to reach out to a company representative to see if there is a way to resolve the issue outside of the courtroom.
If the company is not willing to fix the problem or does not fix it, an individual can consult with an attorney. At this point, it is very important to collect evidence and information that will help support the claim, such as:
- Reports;
- Letters;
- Emails;
- Text messages;
- Information about witnesses;
- Business policies;
- Other relevant documents or information.
At this point, it is important to consult with a lawyer who can advise them about the type of claim they may have as well as what damages they may be able to recover if their claim is successful. For example, with a product liability case, the individual will have to decide whether they want monetary damages as compensation or if they want the product replaced.
The attorney will take over handling the next steps, including the legal strategies. The steps for the lawsuit will include:
- Filing the complaint;
- Serving the complaint on the defendant company;
- Preparing the case;
- Responding to motions;
- Gathering evidence; and
- Subpoenaing witnesses.
There are several different types of remedies that a plaintiff may be able to obtain, such as:
- Monetary damages;
- A replacement product;
- Requesting an order requiring the company to change its company:
- Handbooks;
- Policies;
- Procedures;
- Various other economic and noneconomic damages;
- Punitive damages or fines; and
- Restitution.
How Long Do I Have to File a Lawsuit Against a Company?
There is a specific amount of time that an individual will have to file their lawsuit, referred to as the statute of limitations. The deadline will depend on the laws of the jurisdiction where the plaintiff files their claim as well as the reason the lawsuit is being filed.
If an individual does not file their claim within the proper time frame, they will be precluded, or barred, from bringing their lawsuit against the company. This means that it is extremely important to be aware of how much time the law allows for an individual to file a lawsuit.
Although an individual may be able to find out this information themselves by researching, it may be helpful to consult with a lawyer to sue a company just to make sure their information is correct. If they do not, they could completely miss out on obtaining any type of recovery.
What Kind of Lawyer Do I Need to Sue a Company?
It can be difficult for you to navigate any court system without the assistance of an attorney. If you are filing a lawsuit, it is important to know the proper legal strategies and procedures, for example, where to file, what to anticipate from the other side, whether to settle, and how to present the best case.
You might be thinking of suing a company in Ohio. If so, it is very important to consult with an Ohio business lawyer to determine the steps you should take to have the most successful case possible. Many businesses will have their own lawyers or the financial ability to hire one, so it is important to have your own representation.
