what kind of lawyer do i need to sue a company

by Matilda Wintheiser Jr. 8 min read

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.

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.Jan 7, 2021

Full Answer

Can you sue an insurance company without a lawyer?

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. If you didn't incur any medical bills, had no emotional distress, and can't show that their negligence was severe enough to warrant punitive damages, then I doubt this would be a case worth pursuing.

What kind of lawyer do I need to sue a moving company?

Feb 05, 2020 · The moment you sign a contract with someone, you are in fact entering into a business agreement with them. Thus, the most common type of lawyer used to sue a contractor is a business law attorney. There may be differences in the type of lawyer you need depending on the type of contractor you enter into an agreement with.

Should your company hire a small business lawyer?

Apr 09, 2013 · You can retain an attorney who specializes in contracts as the moving company breached its contract by losing things and damaging things as well. It is also a tort against your personal property as well. So, you can get a tort attorney as well. Report Abuse TG Thomas Edward Gates (Unclaimed Profile) Update Your Profile

How you can sue without hiring a lawyer?

If you are interested in disputing the work done by your contractors, it is likely that a suit will need to be filed against the roofing company. A Florida construction attorney should be able to assist you in preparing or reviewing a contract, give you legal advice if workmanship or payment is in dispute, and represent you in a foreclosure suit or other court proceeding.

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How do I take legal action against a company?

How to take legal action against a professional service provider?Obtain a full set of your files.Make a formal complaint to the organisation.Make a formal complaint to their governing body.Seek advice on bringing a claim.Jul 27, 2018

Is it worth it to sue a company?

Even if you're unable to collect on a judgment, a lawsuit may be worth it if it allows you to stop ongoing damage to your business. In some cases, you must take legal action to avoid issues down the road.

What are good reasons to sue?

Top 6 Reasons to SueFor Monetary Compensation. You can litigate against an entity who has committed some negligent action through which you suffer an injury. ... For Protecting Your Property. ... For Replacing a Trustee. ... For Getting a Divorce. ... For Enforcing the Terms of a Contract. ... For Discrimination and Harassment.

What is the minimum amount you can sue for in civil court?

For the most part, there is no minimum you can sue someone for. The limit for the 50 states is usually up to 10,000. Only a few states allow for more than that. Still, the limit on those states only goes up as high as $15,000.Aug 14, 2017

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...

Can I sue someone 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.Sep 29, 2021

What are legal reasons?

The legal rationale behind a court's judgment, expressed verbally or in writing. Related Terms: Judgment. A Court's written or oral reasons - justification or rationale - for issuing an order or judgment; thus, sometimes referred to as reasons for judgment.

What can you sue an employer for?

You may choose to sue your employer for the following reasons:unfairly dismissed.discriminated against (for example, due to race, sex or religion)wrongfully dismissed.victim of harassment in the workplace.constructively dismissed.redundancy.stress-related illnesses.after an accident at work.

What is the first step in contract law?

The most important first step you can take in any contract law claim is to consult with a lawyer. The best way to find the right type of lawyer, regardless of the exact facts associated with your case, is to contact a legal referral service.

What is breach of contract?

A breach of contract occurs when the contractor fails to hold up their end of the bargain. For example, a home reno contractor might miss a deadline, fail to deliver a completed product, or even display incompetence in providing a service.

What is contract fraud?

Fraud is far more common in contract law than you might think. Contractors don’t have to engage in outright scams or con artist tricks to be accused. In fact, the exact definition of contract fraud is surprisingly broad, and might include: 1 False claims, such as when a contractor lies about their skill level, experience, or ability to complete a job. This is especially applicable if the results delivered do not meet reasonable expectations. 2 Fraudulent bill padding, such as when a contractor agrees to complete a job for one amount, yet starts tacking on dubious fees. While contracts can and often do change, any suspicious additions should be scrutinized closely. 3 False promises, such as promising to complete a job with an expensive material, yet sneakily using a cheaper product. For example, a contractor may promise to install an expensive Egyptian wool carpet, yet install a cheaper counterfeit version without the homeowner’s permission.

Why are motivations more common than others?

This is because most contractual law involves the same assumed rights and responsibilities. The most common scenarios involve a contractor who: Fails to complete a job at all. Fails to complete a job by a deadline.

What is contracting contractor?

By very definition, contractors work on a contractual basis. This means they agree to provide a specific service, product, or result in exchange for cash within a certain period of time. For example, a plumber might agree to replace all of the plumbing in your master bathroom within two weeks for $2,000. Or, a home renovation specialist might ...

Do you need an attorney for a small claims case?

Some people assume that, because small claims court doesn’t allow clients to be represented by an attorney, they don’t need an attorney at all. Nothing could be further from the truth.

What is a fundamental breach?

Fundamental Breach – The same as a material breach, but generally includes much more serious fallout. For example, a contractor who works on a roof incompetently might leave it in disrepair, resulting in leaks and thousands of dollars worth of water damage.

What happens if you ignore the warning?

If you ignore this warning and convey confidential information in a private message or comment, there is no duty to keep that information confidential or forego representation adverse to your interests. You should seek the advice of a licensed attorney in the appropriate jurisdiction to fully discuss your case.

Can an attorney provide legal advice in Florida?

Attorneys can only offer legal advice for cases innvolving States in which they are licensed to practice or they would be committing the unauthorized practice of law. I am not licensed in either Florida or Virginia so I cannot provide you any legal advice. You should re-ask your Question and select Florida and Virgina. DISCLAIMER: This response should be considered general in nature, for information purposes only and should be used only as a starting point for addressing legal questions and issues. It is based on the limited information provided and, in some instances, makes certain assumptions. It is intended only for cases involving Nebraska and Nebraska law and is not applicable to any other state or jurisdiction. The author does not warrant the accuracy or validity of the information contained within this response, and hereby disclaims any liability to any person for any loss or damage caused by errors or omissions. In addition, this response is not a substitute for professional legal advice and does not create an attorney-client relationship, nor should it be considered a solicitation for additional legal advice or legal representation. If you ignore this warning and convey confidential information in a private message or comment, there is no duty to keep that information confidential or forego representation adverse to your interests. You should seek the advice of a licensed attorney in the appropriate jurisdiction to fully discuss your case. You should be aware that there are Statute of Limitations (the deadline imposed by law within which you may bring a lawsuit) as well as other requirements and/or limitations that limit the time you have to file any potential claims you may have. This response may be considered advertising in some jurisdictions under any and all applicable laws and ethical rules. The listing of any area of practice that the author practices in does not indicate any certification or expertise therein, nor does it represent that the quality of legal services to be performed would be greater than the quality of legal services performed by other lawyers. It is merely an indication by the author of areas of law in which he practices. The determination of the need for legal services and the choice of a lawyer are extremely important decisions and should not be based solely upon advertisements or self-proclaimed expertise. Readers are urged to make their own independent investigation and evaluation of any lawyer being considered.

1 reply

If you are interested in disputing the work done by your contractors, it is likely that a suit will need to be filed against the roofing company.

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What to do when you hire an attorney?

When you hire an attorney, you do so with trust and confidence. Most attorneys are upstanding and do a good job for their clients. Unfortunately, there are also some bad eggs out there. If your attorney has done something wrong, you may want to consider suing a lawyer for malpractice.

What do you need to show when suing an attorney for malpractice?

When suing an attorney for legal malpractice, you will need to show that the attorney did not use the ordinary amount of skill and care that most attorneys use in similar situations.

What are the types of malpractice?

Types of Attorney Malpractice 1 Negligence. To sue lawyer for negligence, you need to be able to prove the attorney didn't use the proper care in your case and missed a deadline, filed the wrong papers, didn't comply with court orders, or made other errors that were not intentional but were sloppy. Negligence happens when the attorney makes mistakes that other attorneys normally would not. 2 Breach of duty. This kind of malpractice happens when the lawyer violates his or her responsibilities to you by settling the case without your approval, not preparing the case for trial, lying to you, abandoning your case, misusing funds you provided for court costs, or misusing funds owed to you (such as a settlement amount). The attorney has not done what other attorneys would do in this type of case. 3 Breach of contract. This occurs when an attorney fails to do something he or she agreed to in your contract, such as filing your deed or patent. If the lawyer promised to do something he or she was contractually obligated to do and didn't do it, you have grounds for breach of contract.

Can an attorney be disbarred?

The attorney could be disbarred or directed to pay you compensation. If you are disputing a fee with your lawyer, the state also likely has a fee dispute committee that can help you obtain an out-of-court resolution. You can hire another attorney to complete or fix your case and obtain the outcome you need.

What is a breach of contract?

Breach of contract. This occurs when an attorney fails to do something he or she agreed to in your contract, such as filing your deed or patent. If the lawyer promised to do something he or she was contractually obligated to do and didn't do it, you have grounds for breach of contract.

Can you sue a lawyer for negligence?

To sue lawyer for negligence, you need to be able to prove the attorney didn't use the proper care in your case and missed a deadline, filed the wrong papers, didn't comply with court orders, or made other errors that were not intentional but were sloppy.

What to do before you sue someone?

Before you sue someone, ask a lawyer if you have a legal basis for a lawsuit. You know you have been injured, but you might have no legal basis to sue, or you may lack proof. In the eyes of the law, hurt feelings, insults and bad blood are usually not enough to sue someone.

How much can you sue for in small claims?

In some states, the limit you can sue for in Small Claims is $5,000 or $10,000. You can sue in Small Claims for the return of a rent deposit, unpaid bills, or a broken contract. Many people regularly sue someone and argue their own case in Small Claims Court without a lawyer.

What happens if you can't afford a lawyer?

The lawyer will not bill you, but will take a percentage of the money awarded if you win the case. Your lawyer's fee might be 30% or more of the award when you sue someone.

Can you sue someone for slander?

And you can't sue someone for slander, unless you can prove the slander is actually a lie. You must show that your loss is actionable. A good lawyer will help you weigh the merits of your case before you sue someone. Sometimes to sue someone is not the best answer for your problem.

1 attorney answer

It is good you have a lawyer to fight to get the power back on. This is a contracts issue. You paid for a service and they are failing to honor the deal. But I highly doubt you can sue for "suffering" for having a year with no lights.#N#Suing purely for emotional distress is incredibly difficult. These are non-economic...

Eric J Trabin

It is good you have a lawyer to fight to get the power back on. This is a contracts issue. You paid for a service and they are failing to honor the deal. But I highly doubt you can sue for "suffering" for having a year with no lights.#N#Suing purely for emotional distress is incredibly difficult. These are non-economic...

How much does it cost to file a small claims lawsuit?

You will also need to pay the filing fee, typically $100, or ask the court clerk for a waiver based on low income or public assistance.

What happens if you don't show up for a small claims court?

If you fail to show up, your claim will be dismissed. If the contractor fails to show up, you may win your case by default. If you find you cannot sue in small claims court, you can still sue in civil court, although it is more complicated and takes longer.

What happens if you sign a contract?

If you signed a contract, he can be in breach of that contract. If the construction work is defective or if he was fraudulent in some way, there can be a case for suing. If he just stopped working and disappeared, you would probably have a good case. In situations where there are construction defects, most states require a homeowner to give his ...

What information should be included in a contract?

The contract you signed should include the work information. Other information includes invoices, receipts, and canceled checks associated with the work performed. You also have to know the contractor’s legal name. It may be different from the individual name on the contract.

Does a contract contain arbitration?

As a third way to handle disputes, sometimes, a contract contains information on arbitration. This excludes going to trial and tries to settle disputes out of court. Some states offer arbitration and mediation services free or at a reduced rate.

How to file a lawsuit against an insurance company?

After you decide to file a lawsuit against your insurance company, you should perform the following steps: Send a written letter to your insurance company requesting them to send in writing their denial of your claim and a detailed reasons as to why your claim was denied, as well as demanding they payout your claim;

Why do insurance companies sue?

The following is a list of several legal theories and reasons of why an insured may sue their insurance company: 1 Failure to Pay On Time: As mentioned above, insurance companies have a duty to act in good faith. Therefore, if an insurance company does not make reasonable efforts to timely pay our a properly filed claim, then the insured may be able to make a bad faith claim. Another bad faith may occur when an insurance company offers an unreasonably low amount of money to settle a claim. 2 Failure to Represent: Another common reason why an insured may sue their insurance company is if their insurance company refuses to defend them in a lawsuit against them, as provided under the insurance policy. Further, if the insurance company accepts an unreasonably low settlement for the insured’s claim while representing them, the insured may also have a bad faith claim against the company. 3 Breach of Contract: The most common legal theory that insurance companies are sued upon is a breach of contract theory. An insured may sue their insurance company if the company fails to follow the terms of the insurance policy.

What is insurance contract?

Insurance is essentially a contract (the “insurance policy”) in which one party agrees to pay a premium in exchange for the other party (the “insurer”) to provide coverage for the insured. In the event that a loss occurs due to an event that was covered by the insurance policy, the insurance company will protect the insured from any losses, ...

How to notify insurance company of a claim?

Although it may seem obvious, you should first notify your insurance company of your claim by filing an insurance claim with the company, as it is your duty as the insured to let the insurance company know that a covered incident has occurred. You may notify your insurance company by either a phone call, an online claim form, ...

What happens when an insurance company breaches its duty of good faith?

When an insurance company breaches their duty of good faith and fair dealing, such as by wrongfully denying a properly filed and covered claim, then the insured may recover not only their actual claim damages, but punitive damages as well.

Can an insurance company deny a claim?

For example, in an automobile case dealing with car insurance, the insurance company may deny an insured’s claim if it is shown that the insured was responsible for the accident or grossly negligent.

What happens if you win a breach of contract?

When you succeed in a breach of contract claim, you are first entitled to actual damages, which includes what you were supposed to receive under the contract. Additionally, some jurisdictions allow for the recovery of out of pocket expenses, such as attorneys fees, and in some cases punitive damages.

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