How to file a lawsuit against a company?
There are many times when you’re stuck in a business argument and you’re unable to find a resolution or justice for something that happened to you or your company. There are times when you, as an individual, have something against a company that owes you either money or did you do something wrong that you want justice for. In all these times, the one thing that you wonder is how can I make this right? At this time, the one thing that you require is a lawyer. However, before you make that decision, there are a few things you might want to consider.
Right to file a lawsuit:
The first and foremost thing you need to do is that you need to find out whether or not you have the right to file a particular lawsuit. To file in a lawsuit, you need to make sure you are someone who is being affected by a legal dispute under legal laws. In the legal language, this thing is called having “Standing” to file a lawsuit.
To understand this in a better way, let’s take an example of an accident. If you were around an accident, you are not eligible to file a lawsuit against the person who was involved in an accident, however, if you were damaged because of that accident, you have every right to file a lawsuit against the person.
Similarly, if you’re going against a company, you need to make sure what you’re suing a company for is completely legal and you have the right to sue them for that particular thing.
Understanding Civil Lawsuits:
Civil lawsuits are when one party files a lawsuit against another party for a wrongful act. Here, both the parties are actively involved and unlike criminal lawsuits, in this one, you have the right to compensate instead of throwing the opposing company under the bus. Civil lawsuits are the ones that are used when it comes to business disputes because here you’re not looking to completely shut down the company, you’re usually looking for a fair amount for the wrong they’ve done to you.
There are different types of civil lawsuits as well, they’re mentioned below:
- Contract-based: These include the lawsuits against another company that broke a rule or didn’t follow the rules and regulations on a particular contract that was signed before or at joining.
- Copyright: If another company stole your content, or used it without your consent or without paying for it, you have every right to sue that company
- Bad reviews: If your competitor company gave you a bad review, you have the right to sue them at that as well.
Who are you suing?
The next step for suing a company is to make sure you know who you’re suing. this sounds a little odd because if you’re suing someone, obviously you would think you know them but here’s the catch. You should be sure if you want to go after the entire company or one person because that would determine the amount you would get from that lawsuit. Other than this, If you know the person/company you’re going after, you can also measure whether or not it would be worth your time and effort.
The point that needs to be understood here is that you need to make sure that where your efforts are being put, whether or not, it would give you back more than you’re willing to spend on it. Know your nemesis.
Know the amount you’ll get:
If you’re suing someone, you’re going to expect them to settle down with you with a good bunch of money but how much is enough? When you’re filing a lawsuit against a company, you need to make sure they’re not just throwing you a bone. Get what they owe you and more. If you’re well aware of how much the company you’re suing makes in a year, you ask for double the price of that because you know what they’ve done and you know that if they want to save themselves, they would have to pay you a lot more than they make.
Find the right Jurisdiction:
Another important step while trying to sue a company would be to find the right jurisdiction. Make sure you have the court figured out completely, where your lawsuit must be tried. Now, it’s possible that the Jurisdiction depends on where the plaintiff lives or the defendant or the event took place. Jurisdiction can also be based on both types of cases or the type of crime.
Here’s the thing, if you’re an individual looking to sue a company for a wrong, they did to you, a demand letter is going to be your best friend. You can not go up to a court yourself and expect to get paid what the defendant owes you. You’re going to need a proper, detailed explanation. If you’re with a company, they would handle it themselves but as an individual, with a lawyer, this is something you’re going to have to do yourself.
A demand letter includes the amount the company owes you for the wrong they did you. It should be detailed and should have enough evidence for the court to approve.
Injunction is important:
When you file a case against someone, it is pretty natural that they react to harm you. Or they would want to harm you in some way. To prevent that from happening, you need to make sure to get an injunction. To get a better understanding of this, let’s take an example of a trademark case. Let’s say you need to stop someone from using your company’s trademark, here you can get an injunction. It is basically a court order that does not and will not allow the defendant to harm you or your company in any way. For this to be created, you would need your attorney’s help.
Get a date and file a lawsuit:
The final step is to get a court date and get out there. Fight for your company’s justice or yourself with support of Tribeca Lawsuit Loans. Get the amount they owe you and win the case!