How to Sue a Company for Negligence
If you’re wondering how to sue a company or corporation, you’ve come to the right place. There are many reasons people sue companies. If a business’s negligence contributed to your injury, you can recover the costs incurred for loss of work and medical bills. Some examples of business negligence include suffering a slip and fall on the premises or receiving contaminated food that causes food poisoning.
If an employer harasses you, doesn’t pay you, or terminates you illegally, they are also liable for negligence. If you believe the company should be held accountable and are looking for compensation, here is how to sue a business for negligence with the best odds of success.
Know Whether You Have a Case
When suing a company for negligence, make specific complaints. The business must have had a duty to protect you and breached that duty, which was a direct cause of your injury. Examples of failing to exercise a reasonable standard of care include neglecting to perform regular inspections, cleaning up to reduce slip-and-fall hazards, or placing wet floors or other warning signs.
Personal injury claims are just one type of lawsuit. Others include product liability, professional malpractice, premises liability, breach of contract, discrimination or harassment, defamation, false advertising, and tax fraud. As a plaintiff, you can sue a corporation, partnership, or other for-profit organization. You can also sue non-profit organizations, small business owners, solo entrepreneurs, retail chain stores, schools, hospitals, and government agencies.
Learn the Conditions of Negligence
When a company fails to take reasonable care and knows that its actions can cause someone harm, they’re committing gross negligence. Gross negligence is challenging to prove. It requires evidence, testimony, and documentation. However, with the right attorney, you can win your case and receive comprehensive damages.
To receive compensation for your case, you must be able to prove that the company meets the five elements of negligence.
- The defendant owed a duty of care to the plaintiff.
- The defendant breached their duty of care.
- The defendant’s breach was the direct cause of injury.
- The defendant was able to foresee the harm that would occur.
- The victim suffered harm for which compensation is available.
If you prove that the situation meets all these elements, a judge can determine the company is liable under the law.
Seek Professional Medical Care
Seek medical attention, no matter how minor your injury may seem. The injury may feel less severe than it is, and medical professionals will document the care you receive. You can use prescriptions, diagnoses, and medical bills as evidence. Save all correspondence with doctors, medical facilities, and insurance companies so you have proof of medical treatment and to help you get reimbursed for the cost of treatment.
Collect as Much Information as Possible
If anyone witnessed your injury, gather their names and contact information. Exchange your information with them and write down every detail you recall of the accident, in chronological order. The more information you have, the better. Your attorney can use it to build your case, work with insurance companies, and make a stronger claim against the defendant.
Address the Matter with a Company Representative
Companies often eagerly resolve disputes before they face lawsuits. Whether you work for the company or are a customer, approach the individual or department responsible for handling such issues. They may work to fix it and compensate you for the costs associated with any harm done. If the company doesn’t try to help, continue collecting information, including contacts via phone, letters, or email, and take the matter further.
Take Legal Action
If the monetary damages are minor, you can file the claim in a small claims court. Courts usually resolve these cases quickly. Otherwise, consult with a lawyer and provide them with as much detail and evidence as possible. They’ll tell you what you need to sue a company and get started on your case.
Statutes of limitations prevent you from filing a lawsuit after a certain date of injury, loss, or wrong treatment. Your attorney will determine whether you can file a lawsuit before the deadline approaches.
Your legal counsel will explain the steps to sue a company and file a lawsuit. They may also outline legal strategies as well as the general process, which includes:
- Filing a complaint
- Serving the defendant/company with notice
- Preparing the case/gathering evidence
- Responding to motions
- Subpoenaing witnesses
- Notifying you of any filing fees
Filing a lawsuit against a company can result in you receiving economic and noneconomic damages if your case succeeds. There may be fines and punitive damages against the defendant, and the court may require the company to change its policies, procedures, and handbook.
Your attorney can also advise you on how to handle tactics companies use to intimidate you. Companies often try to reduce claims and draw out cases to make the legal process difficult. They may scare employees into not pursuing a case by threatening to fire or demote them. Companies also invest time and money into building legal arguments to overwhelm your case and put too severe a financial burden on a potential plaintiff. A good attorney can help you navigate these challenging scenarios.
The Outcome of a Successful Negligence Claim
If the five elements of negligence are proven and the company is found guilty, you can be compensated for damages, including:
- Medical bills
- Lost wages
- Emotional distress
- Pain and suffering
Our experienced legal team will demonstrate the full extent of damage caused by negligence to assist you in receiving the maximum compensation possible.
Most personal injury negligence claims are settled within one year of filing. However, more complicated cases, or those that involve serious injuries, can take between two and five years to receive compensation.
Call Jacob for Help
At The Law Offices of Jacob Emrani, we know how to sue a company that caused your injuries. We’ll provide a free consultation, listen to you, learn about your situation, and provide expert legal advice. Experience with similar cases, familiarity with the law, and knowing how companies try to fight claims allow us to fight hard for your legal rights. We’ve awarded clients in California millions of dollars in damages. Call us at (888) 804-6766 to set up your no-cost case evaluation!
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