How to Sue a Company for Negligence

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If a business’s negligence contributed to an injury, you can recover the costs associated with the harm it caused. There are many reasons people sue companies. Some examples include suffering a slip and fall on the premises or being served contaminated food that led to food poisoning. An employer can be liable for negligence as well, especially if you were harassed, not paid, or illegally terminated. If you believe the company should be held accountable and are looking for compensation, here is how to sue a company with the best odds of success.

Know Whether You Have a Case

Your complaints should be specific. 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, clean up to reduce slip-and-fall hazards, or place wet floor 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. Non-profit organizations, small business owners, solo entrepreneurs, retail chain stores, schools, hospitals, and government agencies can be sued as well.

Seek Professional Medical Care

As minor as your injury may seem, it’s essential to get medical attention. The injury may be worse that it feels like, and the care you get will be documented. Prescriptions, diagnoses, and medical bills can be used as evidence. Save all correspondences with doctors, medical facilities, and insurance companies so you’re more likely to get reimbursed for the cost of treatment.

Collect as Much Information as Possible

If anyone witnessed your injury, get their names and contact information; exchange your information with them as well. Also 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 are often eager to resolve disputes before they are sued. 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 only small monetary damages are involved, you can file the claim in a small claims court.  Cases are usually resolved quickly. Otherwise, consult with a lawyer and provide them with as much detail and evidence as possible. Statutes of limitations may prohibit you from filing a lawsuit after a certain date of the injury, loss, or wrong treatment. Your attorney will determine whether you can file a lawsuit before the deadline approaches.

Next, your legal counsel will explain the next steps to filing 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

If your case is successful, filing a lawsuit against a company can result in receiving economic and noneconomic damages. There may also be fines and punitive damages against the defendant. The court may require the company to change its policies, procedures, and handbook or pay restitution for lost wages, medical bills, and other damages.

Your attorney can also deal with tactics companies use to intimidate you. Just as insurance companies often try to reduce claims and draw out cases, companies may scare employees into not pursuing a case by threating 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.

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 in which we’ll hear your situation and provide expert legal advice. Experience with similar cases, familiarity with the law, and knowledge of 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. To get started, call 888-952-2952 today.

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