Why Is Suing a Large Company So Difficult?

Why-Is-Suing-a-Large-Company-So-Difficult

Any business can be liable for negligence, malpractice, a personal injury accident, etc. Suing a large company may be your only legal option if, for example, you’re injured in an accident caused by a truck driver, slip on a retailer’s slippery floor, are hurt by a defective product, or are harmed in the workplace. But your path to victory won’t be easy.

Big corporations have unlimited resources for putting up a defense. They have access to lawyers and legal experts and can afford to wage a fierce litigation battle. Below, we’ll look at the challenges of suing a large company and how you can succeed in doing so.

Many Legal Options Are Available to Corporations

Common sense would suggest a big company would be determined to protect its reputation by settling a personal injury claim fast. But anyone who has sued a large company knows the opposite is often true. Its attorneys draw out the case and find ways to make it more challenging and more expensive for plaintiffs.

Some legal strategies they might use include:

  • Objecting to using security camera footage and other evidence.
  • Getting the claim dismissed by filing a motion for summary judgment.
  • Requesting the case be moved to federal court.
  • Having an expert testify, which would require the plaintiff to do the same.

Statutes of Limitations

Hiring an attorney and filing a lawsuit can take time. A statute of limitations is a deadline for filing a lawsuit. It can differ from one state to another and depending on the reason why the lawsuit is being filed. In California, you have two years from the date of an injury to file a lawsuit against a company; in Florida, you have four years. If you fail to file within the specified time frame, you’ll lose any legal right to sue that company.

Why You Might Sue a Company

Waging a legal battle against a company may sound insurmountable. But the type of behavior, the injury, or the effects in its wake may leave you with no other choice. For example, suing a big company may be considered if:

  • An employee was illegally terminated
  • A worker or visitor was harassed on the premises
  • The company failed to pay a worker or return money it owed
  • It stated misleading product claims
  • Misleading claims caused an investor financial harm
  • A contract or warranty was breached
  • The company plagiarized a person’s work
  • The company failed to maintain safe conditions

Therefore, you can sue a company for personal injury, product liability, professional malpractice, premises liability, breach of contract, discrimination/harassment, defamation, tax fraud, or false advertising.

How to Sue a Company

One reason suing a large company is so difficult is the process required can vary depending on the type of organization, local laws, and the facts of your claim. Different legal theories may also be considered. In general, showing a company was negligent requires proving it owed you a duty of care, breached that duty, was the cause of your injuries, and you suffered quantifiable damages as a result.

The organization’s business structure is another factor. A corporation and its owners can be sued for damages. When suing an LLC, only the organization is liable. It’s structured such that individual owners can avoid liability, whether the business is responsible for a legal issue or debt.

Suing a Large Company Requires a Lot of Paperwork

There are so many documents required it’s nearly impossible to sue a company without an attorney. You’ll need notaries, witnesses, legal signatures, and evidence. The more evidence you have, the stronger your lawsuit. Therefore, collect letters, emails, phone calls, chats, face-to-face meetings, and other communications. These can show you made an effort to work through the issues ethically. After all, a lawsuit should be a last resort.

If you think you have a case, present your evidence to a lawyer. They can evaluate what the law says about your issue and provide legal advice. To sue a company, you must do so in a court that has jurisdiction over the organization. This is usually in the state and county it’s located in. The lawsuit must be filed with a court clerk, and you’ll have to pay for the lawsuit and summons to be sent to the company.

Next, you must follow the court’s guidelines on when to file different types of paperwork. The discovery process can take time and involve countersuits against you. A company has more resources than a person, so they can take the case to the state level and follow civil procedural rules that only educated lawyers have sound knowledge of.

Alternatives to Suing a Large Company

It’s often in your best interest to attempt to resolve the issue before suing. Speaking with a company representative can be an effective alternative. They may try to fix the problem. Follow the company’s process for reporting an issue and put everything in writing. And give them time to resolve the matter or provide a suitable remedy. But if they fail to fix the issue or refuse to address it, you have the moral justification to hire an attorney.

Call Jacob for Professional Advice and Representation

Our attorneys have expertise in premises liability, defective products, and personal injury law and can navigate the complexities of suing a large company. We know every legal strategy and can work with the toughest insurance companies. The Law Offices of Jacob Emrani is on your side and will fight to win your lawsuit. Continue browsing to see the types of cases we can take on and win. To request your free consultation, call (888) 952-2952 today.

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