Have you or a family member been injured in an accident caused by a company’s negligence. Make sure you or your family member is compensated for any injury, lost wages, or medical bills.
Filing a lawsuit against a company may seem like a daunting task. However, this article will provide you with a guide to make sure you are in the best position to win.
What Kind of l\Lawsuit Should You File?
Depending on the type of actions taken by the Company a different kind of case may be filed. (Criminal or Civil).
Criminal law would typically deal with robbery, assault, murder, kidnapping, etc. However, most lawsuits filed against companies are civil lawsuits. Civil lawsuits might consist of a breach of contract, violations of company trademark, defamation, negligence, wantonness, and more.
Typical Reasons to file a lawsuit against a company
· Breach of Contract
· Wrongful Termination
· Injury caused by a defective product
· Injury on company property due to negligence upkeep
· Harassment of an employee, volunteer, independent contractor, or customer
· Breach of a warranty
How to File a Civil Lawsuit Against a Company
1. Start collecting your evidence
Even if you have already hired an attorney it is in your best interest to gather and collect all of the evidence you can.
This could include any written or recorded conversations (emails, letters, recorded calls, mail receipts), photographs, videos, the item that harmed you, or names and contact information for witnesses. You should also look for incident reports, police reports, and medical records.
2. Hire an Attorney
When filing a lawsuit against a company hiring an attorney can be critical. The attorney will work behind the scenes gathering evidence and preparing documents for filing the lawsuit. As part of that representation, your attorney will conduct settlement negotiations, file your lawsuit, and if necessary present your case at trial.
Additionally, your attorney should be sending something called a spoliation letter to the company. Getting a spoliation letter out quickly following an accident involving a company is critical. This letter operates to tell the company to retain certain items of evidence so that they are preserved for the trial. If the company fails to preserve and retain that evidence after the letter is received the Court can instruct the jury to presume that evidence was bad for the company.
3. File a Claim
The Statute of Limitations in Alabama is two years from the date of the incident to file a claim for Negligence cases. The Statute of Limitations for a breach of contract is six years from the date of the breach. It is best to consult with an attorney to confirm the amount of time you have to file your claim. Consulting with an attorney quickly after the accident is the best course of action to avoid missing the deadline for your claim.
The Complaint (which is the document that initiates the lawsuit) will need to be filed and specifically list the Defendant (company) and what they did or failed to do that caused you to suffer injury. Additionally, it must include the legal reason the defendant should be held responsible.
Settling a claim, filing a lawsuit, or winning at trial is best handled when you are prepared and know what to expect. To achieve a positive result, you and your attorney will need to discuss a strategy to achieve that reaches your goals. Your attorney can provide legal expertise and advice; however, you are the ultimate decision maker.
If you think you have a claim against a company and would like to hire an attorney, please do not hesitate to call me. We can set up a free consultation to discuss the facts your case.