Sometimes business disputes can result in a lawsuit when neither party can find common ground. It is easy to rush to the conclusion of needing a lawsuit before doing the proper due diligence to see if this is actually the best step when it comes to resolving a business dispute. It is important to note that when you sue a company it becomes a civil lawsuit, and a civil lawsuit involves financial compensation, this may or may not even solve the underlying issue of the business dispute. Filing a lawsuit against a company can be the right step to take but it is important to understand some key aspects to consider first.
Have you Tried Compromising?
Take a real look at the dispute you have with a business, putting your bias aside, do they have a valid argument on the dispute or even a claim against you? Looking for a compromise before filing a lawsuit against a company can sometimes result in you being granted more money than you would have if you were to sue a company because you will not be paying legal fees. Ensure that compromising is not an option before moving towards filing a claim, this tends to be the most efficient way to a solution
Is your Case Valid?
While this seems like an obvious step, many people will let their emotions get the better of them before considering if they really have a valid claim against a company. Just because you tripped or fell on the premises of a business and think you have a claim against them, you need to be sure that it was due to the business owner’s negligence that caused you to fall. If you don’t fit these criteria, it is very possible your claim against a company will be dismissed.
Do you have the Resources to Dedicate to your Claim?
Lawsuits can be expensive, time-consuming, and emotionally draining. When someone is wondering how to file a lawsuit against a company, they may not be considering the time and energy it will take to devote to filing a lawsuit and seeing it through to the end. Filing a lawsuit will not result in you receiving a settlement the next day. The legal process moves slowly, and if you aren’t able to commit yourself to see it through from a mental, familial, and emotional standpoint, filing a lawsuit against a company may not be the right move.
Do you have the Money Available to Pay for Legal Fees?
Legal fees can be very expensive and can mount up quickly. Recovering your attorney fees may not be an option after a verdict is reached. Before filing a lawsuit against a company you should get some legal advice to gain a better understanding of what you are preparing to undertake. Look at how much money you could get in a settlement versus what you could win in trial, also taking into account the legal fees that will come from taking a lawsuit against a business to trial. It is easy to assume that you will always win more money in a lawsuit versus a settlement, but after legal fees, you may end up with less money than you would have had from a settlement, or even losing money overall.
Will you be able to Collect the Judgement?
If you have answered yes to all of the previous questions, this is the next important aspect to consider. When thinking of how to sue a company, will that company actually be able to pay what the judgement is? Take a realistic look at the business you are filing a claim against, and it is important to note that the courts will not help you actually collect the judgement, and be sure that you know they can pay what the judgement is. The final judgement will usually be certified by mail, but it will be on you to actually collect the judgement.
Does your Claim Belong in a Small Claims Court?
If your case meets the criteria to be seen in small claims court, you may be able to represent yourself and save on legal fees by not hiring a lawyer. You will be expected to gather your own evidence, have the correct contact information for yourself and others, and be able to bring the lawsuit to the court yourself. Just because a lawsuit is seen in a small claims court versus a larger court doesn’t mean that the ruling won’t need to be followed to the extent of a ruling coming down from a higher court. Even if you lose the lawsuit in small claims court you will be expected to follow the ruling, even if you lose the lawsuit you may be expected to pay the other party.
How to Sue a Company.
If your claim has met all of the previous criteria and you know you have the resources available to dedicate to this case and know that the company you are suing will be able to pay the judgement, you can take the next steps to file a lawsuit. The first things you will need to check is the statute of limitations for the state you are filing the lawsuit in. Once verifying that your claim does not exceed the statute of limitations, you will need to gather the business name, business owner’s name, and contact information for the business, then you can file your lawsuit.
If you are asking for a smaller amount of money, usually $5000 or below, you can take the lawsuit to small claims court yourself. If the amount you are seeking exceeds the threshold for small claims court, it is time to seriously consider hiring a professional legal team to help you move through the process of filing a lawsuit against a company and seeing out the trial.
Does your claim against a company meet the criteria above? If so our expert legal team at De Castroverde Law Group is ready and waiting to help you take your claim to the courtroom and aid you in receiving the justice you deserve. Contact our lawyers today to help you to take the next steps in filing a lawsuit against a company.