what kind of lawyer do i need for a lawsuit against a business

Full Answer

What type of lawyer do you need to handle a business case?

When you learn about the case details, you’ll know which type of lawyer you’ll be up against. You can then work with a business attorney to determine the best plan to handle it. The most common lawyer that you’ll face is the one for general business. The upside is that the damages are likely to be the smallest with this type of lawyer.

Do I need a lawyer to sue a company?

Therefore, if you decide you want to sue a company, it may be in your best interest to consult a local business lawyer for further legal advice. An experienced business lawyer can discuss whether you have a viable claim and what your best options are for legal recourse.

What kind of lawyer do I need for a class action lawsuit?

A plaintiff corporate law attorney who represents individuals as well as class action cases. * This will flag comments for moderators to take action. You would need to speak to a plaintiff's attorney. However, you would also have to consider what type of damages you would realistically receive.

Do you need a lawyer for your business contracts?

Many business owners use templates found on the internet for their contracts. These may work, but could cause your business legal problems, as templates won’t cover the specifics for your business. A qualified contract attorney can determine the right contracts for your business.

How do you win a lawsuit against a company?

If it doesn't though, here are the steps you'll need to take.Talk it Out. ... Review Your Contract. ... Document Everything. ... Determine Your Claim. ... Come Up with a Resolution. ... Get Familiar With Any Laws Surrounding Your Claim. ... Find A Lawyer. ... The Employer isn't Afraid of a Lawsuit.More items...•

What are the most common types of lawsuits against small businesses?

Some of the most common reasons for lawsuits against businesses include discrimination, harassment, breach of contract.

What kind of lawsuit is against a company?

civil lawsuitsLawsuits against companies are generally considered civil lawsuits. Civil law cases cover breaches of contract, violations of company trademark, defamation of an individual or company, and more.

Which of the following is the first step of a business lawsuit?

The first step in a lawsuit is filing the complaint and serving it on the defendant. The plaintiff will outline their version of events in the complaint and describe how the defendant's actions harmed them. They will ask for monetary compensation or another remedy, such as an injunction.

How much does it cost to sue a company?

Typically in a civil lawsuit, it can cost $1,500-$5,000 to initiate an action and have a lawyer deliver a Statement of Claim. Responding to the opposing side's documents and conducting examinations for discovery will likely involve another $3,500-$5,000.

What are the easiest things to sue for?

The law must support your contention that you were harmed by the illegal actions of another.Bad Debt. A type of contract case. ... Breach of Contract. ... Breach of Warranty. ... Failure to Return a Security Deposit. ... Libel or Slander (Defamation). ... Nuisance. ... Personal Injury. ... Product Liability.More items...

What are good reasons to sue a company?

Top Reasons to Sue an EmployerIllegal Termination. While employment may be terminated at any time in an at-will employment state, there are still ways an employer may illegally terminate an employee. ... Deducting Pay. ... Personal Injuries. ... Employee Discrimination. ... Sexual and Workplace Harassment. ... Retaliation. ... Defamation.

What are good reasons to sue?

Here are 11 top reasons to sue someone.Compensation for Damages. A common form of this is monetary compensation for personal injury. ... Enforcing a Contract. Contracts can be written, oral or implied. ... Breach of Warranty. ... Product Liability. ... Property Disputes. ... Divorce. ... Custody Disputes. ... Replacing a Trustee.More items...

Can you sue a company for emotional distress?

It may be possible for you to sue for emotional distress, depending on your situation. The main factor that will mean you can make a claim is whether someone's negligence caused the harm you first suffered. This could be because you were hurt in an accident that was someone else's fault.

How do I sue a big company?

Steps to Suing a CompanyDetermine who it is you want to sue. You need to find out if it is a business, an individual, or both.Determine the correct jurisdiction. ... Draft a demand letter. ... Fill up the court forms and register with the court. ... Receive your court date.Serve documents to the defendant via mail.

How long does a civil lawsuit take?

While an actual trial in court usually takes only a few days, the pre-trial process and the process of preparing a case can take weeks or months. In especially complex cases where both sides present extensive witnesses and lots of technical evidence, even the trial process can stretch on for a long time.

How do you go about filing a lawsuit?

General steps involved in a lawsuitContacting a lawyer for legal advice or assistance.Writing and filing a Statement of Claim (called a Plaintiff's Claim in Small Claims Court)Waiting for the other party to write and file a Statement of Defence (called a Defence in Small Claims Court)

What kind of law do lawyers specialize in?

People sometimes wonder what types of lawyers are available to them. Lawyers often specialize in either business law or personal law. For this reason, you should search for lawyers who have business law experience.

What is a general business lawyer?

1. General Business Lawyer. As the name suggests, a general business lawyer can provide legal advice on a wide range of matters. This type of lawyer has a hand in every legal discipline. If your business doesn’t deal with special circumstances, a general business lawyer may be well suited to your purposes.

Why is it important to hire a lawyer?

However, if your business is subject to a lawsuit, you’ll be relieved that you hired a lawyer. When evaluating lawyers, you should ask a lot ...

What is a CPA for a business?

Taxes for businesses can get complicated. For this reason, it pays to use a qualified tax professional, such as a Certified Public Accountant (CPA). While a CPA can be beneficial when your business gets audited, there could be a situation where the tax authority decides to take legal action against your business.

What is an employment lawyer?

Employment and Labor Lawyer. Using an employment and labor lawyer only makes sense when your business has employees. If it does, your business should comply with state and federal laws. An attorney in this area of the law can help you draft employee manuals and ensure safety standards are in place.

What happens when you buy and sell a business?

When you buy and sell businesses, you’ll negotiate for the property and assets of those businesses. It may not always be clear what you’re entitled to during these negotiations. It pays to have a mergers and acquisitions (M&A) lawyer representing your interests in the transactions.

Can a lawyer review a contract?

In addition, some lawyers are knowledgeable about tax issues, even if they aren’t accountants. They may have handled legal tax matters for other business owners and can make sure you don’t run into the same issues.

Benjamin Soffer

Fortunately, you did not actually choke on the pieces of rubber (sometimes the chicken nugget themselves could be quite rubbery). But since you were not injured, you would have no basis for a lawsuit. Contact the store or manufacturer and ask for a refund. Good luck...

Lars A. Lundeen

Since you "almost choked", it appears that your damages here have not been extremely significant. Without substantial medical bills, pain and suffering or lost earnings, this probably is not the kind of case that you would place in to suit. You certainly can contact the owner or manufacturer and they probably will be...

Adam A Studnicki

If you were injured, talk to an injury lawyer. Otherwise, you can report it to the place of purchase, and they may offer a refund. If it was a chain restaurant, you can also report it to their corporate office. If it was a store, you can also report it to the manufacturer...

James Robert Faucher

You don't mention any injuries or damages. Without that, you don't have a case. If you were injured, consult with a local personal injury attorney.

What can a business lawyer do?

Your lawyer can also help you to gather evidence, request the right items for discovery, and assist you in preparing and filing your claim.

How to sue a company for damages?

In order to sue a company for damages, a plaintiff should take the following steps to increase their chances of bringing a successful lawsuit: Before initiating a lawsuit, it may be wise to speak to a company representative to ensure that there is not an easier way to resolve the issue.

How long do you have to file a lawsuit in California?

For instance, a person who sues a company in California based on a personal injury claim, will have two years from the date they were injured to file a lawsuit against that company.

What are the remedies for a small business?

Some other remedies that might be available when suing a small business include: Requesting that the court issue an order stating the company is legally obligated to change their company handbooks, policies, and/or procedures; Various economic and noneconomic damages; Punitive damages or fines; and/or. Restitution.

Why do people sue companies?

In general, some common reasons to sue a company include the following: If a person suffered harassment when either working at the company or when visiting the company as a patron (e.g., grocery store worker harassed them); When a company fails to pay a worker their ...

What type of company is liable for a violation of federal laws?

Almost any company can be held liable for actions that violate federal, state, and/or local laws. Some types of companies that may be held liable include: For-profit companies (e.g., corporations, limited liability companies, partnerships, etc.); Non-profit organizations (such as charities);

How long do you have to file a personal injury lawsuit in Florida?

In contrast, a person who sues a company in Florida based on a personal injury claim, will have four years from the date they were injured to file a lawsuit against that company. A person who fails to file a claim within the prescribed time frame will be barred from bringing a lawsuit against the company.

What is transactional lawyer?

The transactional lawyer will incorporate your startup, help secure funding, draft your employment and non-disclosure agreements, issue stock, spin off subsidiaries, and countless other tasks associated with operating your business. Unlike the business litigation attorney, the transactional lawyer does not go to court.

Why do you need a defamation attorney?

You want a defamation attorney if you need to take someone to court for defaming your character through libel and/or slander, or if you’ve been accused of causing harm to the reputation of another individual or business by making false and defamatory statements of your own.

What to do if you have been injured in a car accident?

If you’ve been injured in a car accident, find yourself a personal injury attorney. These lawyers are experienced in dealing with insurance companies and helping you obtain the maximum recovery in light of the liability and damages issues involved. Personal injury lawyers don’t just handle car-accident cases. Typically, this is the type of lawyer you need if you’ve suffered a physical injury as the result of someone else’s negligence. Examples include “premises liability” cases (such as where you’ve slipped and fallen at a commercial establishment due to an unsafe condition), medical malpractice cases, and animal attacks.

What do real estate lawyers do?

Real estate lawyers deal with rights concerning land, water, and structures. Perhaps you need to determine whether a lien has been asserted against your property, or you need to carve out an easement. Maybe you need to divide one lot into two or more lots, or change the zoning classification, or move a boundary line.

What are some examples of premises liability?

Examples include “premises liability” cases (such as where you’ve slipped and fallen at a commercial establishment due to an unsafe condition), medical malpractice cases, and animal attacks. 10. Real Estate Lawyer. Real estate lawyers deal with rights concerning land, water, and structures.

What is a traffic lawyer?

Traffic Lawyer. Traffic lawyers are often considered a type of criminal-defense lawyer, but there’s a big difference between being accused of murder and being accused of running a red light, and different considerations come into play in formulating defense strategy.

What do you want from your ex wife?

You want a divorce. You want custody of your kids. Your ex-wife wants an increase in her spousal support and you’d rather not give it to her. You’re getting married and you want to ensure you won’t lose half of everything you own if you ever get a divorce. If your legal needs involve family relationships and obligations, you need a family lawyer.

What is the most common type of civil lawsuit?

The most common type of civil lawsuit is a contract dispute. The two parties have a contract and one party breaches the contract (doesn't do what they said they would do). For example, an agreement to buy products or services is a contract, as is a contract for the sale of a business or an employment contract.

What is civil lawsuit?

Civil lawsuits in which one party sues another work differently from criminal trials. This isn't the television show Law and Order. Some civil lawsuits are tried before a jury, but many are tried before a judge. And many are settled out of court, to save money on legal fees and court costs.

What is the jurisdiction of a lawsuit?

You must figure out the court where the lawsuit must be tried; the jurisdiction. Jurisdiction may depend on where the defendant or the plaintiff lives or where the event took place. Jurisdiction may also be based on the type of case, like small claims, or the type of crime, like defamation.

Why is it so hard to get money in small claims?

In many small claims cases, the party that gets the judgment —the court's decision on the amount owed—has a difficult time getting the money because the defendant has nothing to give. As the old adage goes, "you can't get blood from a stone.".

What is the difference between civil and criminal law?

Civil law deals with disputes between individuals, including businesses. The difference lies in the laws for each. For example, civil law might deal with a contract, and those are primarily governed by state statutes. Criminal laws deal with offenses against the government, like murder or kidnap. 1 .

Can an employer sue an employee for breach of contract?

While most employment lawsuits are against employers, an employer can sue an employee for such things as breach of contract or violation of a restrictive covenant . If the amount of money is small, you may be able to take your case to a small claims court. Each state has specific dollar limits for small claims court.

Do you need an attorney for small claims court?

In small claims court, you may not need an attorney but there are still court costs to pay to file the lawsuit. If the costs are higher than the amount you might get, it may not make financial sense to sue. Consider how the other person cost you and be realistic. If there was little damage, the amount you get won't be much.