Suing a corporation is a complex process that requires a strategic approach and a thorough understanding of the legal system. Instead of feeling confused by misconceptions about filing a lawsuit, it’s best to consult the experts. If you’ve suffered financial losses, medical expenses, or other damages due to a corporation’s negligence, knowing the civil litigation process is key to improving your chances of success. This guide breaks down each step of filing a lawsuit against a corporation, helping you navigate the legal process with confidence.”
By the end of this article, if you still have questions, don’t hesitate to reach out. Bourassa Law Group provides compassionate legal support, and your first consultation is absolutely free. Let’s dive in.
Step 1: Determine If You Have Legal Grounds to Sue
Before filing a lawsuit, you must establish a solid legal basis for your case. This means determining whether the corporation’s actions directly caused harm and identifying where liability falls. Here are some common reasons for suing a corporation:
- Personal Injury Cases: If you suffered injuries due to a defective product, workplace accident, or negligence, you may have a personal injury claim.
- Breach of Contract: If a corporation violated a contract, you may be entitled to damages.
- Consumer Fraud: If a business engages in deceptive practices, you can file a lawsuit under consumer protection laws.
- Employment Disputes: Wrongful termination, workplace discrimination, and unpaid wages may be grounds for a lawsuit.
Understanding the legal theories that apply to your case is essential. Consulting with an experienced attorney during an initial consultation will help clarify your legal rights and the best course of action.
Step 2: Identify the Appropriate Court
Choosing the right court system is vital for your case. Depending on the claim, you may need to file in:
- State Court: Most civil lawsuits, including personal injury lawsuits and breach of contract cases, are filed in state courts.
- Federal Court: If the corporation operates across state lines or if federal law is involved, the case may fall under federal jurisdiction.
- Small Claims Court: If your claim involves a lower amount of damages, this may be the best option for quicker resolution.
- Trial Court: This is where civil litigation officially begins, and the plaintiff files an initial complaint.
Step 3: File the Initial Complaint and Pay the Filing Fee
The litigation process truly begins when the plaintiff files a complaint. This document outlines the allegations against the corporation, legal theories supporting the case, and the compensation sought. Steps include:
- Drafting the initial complaint with precise details of the harm suffered.
- Submitting it to the trial court with the required filing fee.
- Ensuring the complaint is properly served on the corporation.
Corporations often have legal representation that will carefully review complaints for technical errors. Hiring a skilled attorney ensures your documents meet all legal requirements.
Step 4: The Defendant Files a Response
Once the corporation is served, it must respond by:
- Filing an Answer: Admitting or denying allegations.
- Filing Pre-Trial Motions: This may include motions to dismiss or motions for summary judgment.
- Submitting Amended Complaints: If errors or additional claims arise.
If the defendant files a summary judgment motion, they argue that there is no need for a trial because no factual disputes exist. A judge will decide whether the case proceeds.
Step 5: Engage in the Discovery Process
The discovery process allows both parties to gather relevant information and build their case. This phase includes:
- Requesting Documents Relevant to the case, such as contracts, emails, and medical records.
- Depositions: Sworn testimony from witnesses, including experts.
- Interrogatories: Written questions that the opposing party must answer.
Finding the right lawyer for yourself is key, as they will leave no stone unturned in collecting the strongest possible evidence to support your claim.
Step 6: Settlement Discussions and Mediation
Many civil litigation cases are resolved through settlement negotiations before reaching trial. This may involve:
- Direct negotiations between legal counsel.
- Mediation with a neutral third party to reach a resolution.
- Offers from the insurance company to settle the case outside of court.
Settlements often save time and costs, but if an agreement isn’t reached, the trial process proceeds.
Step 7: The Trial Begins
If settlement discussions fail, the case moves to trial, where the plaintiff presents evidence before a judge or jury. Trials generally follow this structure, though procedures may vary by jurisdiction:
- Voir Dire: Jury selection process.
- Opening Statements: Each side presents an overview of its case.
- Plaintiff’s Case: Evidence, witness testimony, and medical expenses proof are presented.
- Defendant’s Case: The opposing party refutes the claims.
- Rebuttal Evidence: Additional evidence to counter the defense.
- Closing Arguments: Summarizing the case before deliberation.
The jury’s verdict determines whether the defendant must pay damages.
Step 8: Appeals and Final Resolution
If the losing party disagrees with the verdict, they may appeal to a higher court. This phase includes:
- Filing an appeal with the appropriate appellate court, such as a state or federal appeals court.
- Presenting legal arguments to challenge the verdict.
- Reviewing trial errors, including improperly excluded evidence.
In some cases, a judge may issue a judgment notwithstanding the verdict if they believe the jury erred.
How Long Does a Lawsuit Take?
Lawsuits take time because courts handle multiple cases at once. Your case must go through several legal steps before trial. The defendant may file a motion to dismiss, arguing that the case lacks legal grounds or fails to state a valid claim. Both sides may submit discovery motions to gather witness statements or relevant documents.
Your case will likely involve multiple court conferences. During these meetings, both parties agree on deadlines and procedures under the court’s supervision. Lawyers will also conduct depositions, where they question witnesses under oath. The defendant’s attorney will likely depose you as well.
The process can take weeks, months, or even years. If the defendant offers a settlement, you may accept it at any time.
Different Types of Lawsuits You Can File
Your lawsuit type depends on your situation. If a truck driver’s negligence caused your car accident, you can sue the trucking company for damages. If a defective product injured you, you can file a product liability lawsuit against the manufacturer.
If a business owner neglected to address or warn about hazards like a slippery floor or broken stairway, you may have a premises liability claim. If a company’s negligence caused a loved one’s death, you can pursue a wrongful death lawsuit.
Bourassa Law Group understands the emotional and financial toll these cases bring, and we stand ready to fight for justice on your behalf.
Meeting Legal Deadlines for Your Lawsuit
State laws impose strict deadlines for filing lawsuits, known as the statute of limitations. These deadlines vary depending on the type of claim:
- Personal injury: Typically 2 to 3 years from the date of injury.
- Medical malpractice: Usually 1 to 4 years, depending on the state and when the injury was discovered.
- Wrongful death: Generally, 2 to 3 years from the date of death.
- Breach of contract: Ranges from 3 to 6 years for written contracts, shorter for oral agreements.
- Claims against government entities: Often much shorter, as little as 6 months to 1 year to file a notice.
Since statutes of limitations vary by state and case type, consulting an experienced attorney is crucial. Missing the deadline can mean losing your right to seek compensation.
At Bourassa Law Group, we ensure your case is filed on time and handled correctly. If you need legal representation, contact us today to protect your rights and pursue justice.
Class Action Lawsuits: Holding Corporations Accountable
When a corporation’s negligence harms multiple people, they can file a class action lawsuit together. This legal strategy lets a group of plaintiffs take on a corporation as a united front, rather than handling separate cases.
Class actions often involve defective products, false advertising, environmental damage, or corporate fraud. By joining forces, plaintiffs share legal costs, speed up the process, and increase their chances of a fair outcome, especially when facing corporations with deep pockets.
To move forward, the lawsuit must prove that all plaintiffs suffered similar harm and that a collective case is the most effective approach. A skilled attorney can assess whether a class action benefits you or if filing an individual lawsuit makes more sense.
If a corporation’s actions have harmed you and others, Bourassa Law Group can evaluate your case and help you take the next step.
Alternative Dispute Resolution: A Faster, Less Costly Option
Filing a lawsuit against a corporation can be expensive and time-consuming, but Alternative Dispute Resolution (ADR) offers a way to settle disputes without going to trial.
- Mediation: A neutral third party helps both sides negotiate a fair resolution. Mediation isn’t legally binding, so if talks fail, you can still sue.
- Arbitration: A private legal process where an arbitrator reviews the case and makes a final, binding decision. Many corporations include arbitration clauses in contracts, requiring disputes to go through arbitration instead of the court.
ADR often moves faster and costs less than litigation, but corporations may push for arbitration to limit your ability to appeal. That’s why having a strong legal advocate is essential—to ensure any agreement protects your rights.
At Bourassa Law Group, we guide clients through mediation, arbitration, and litigation to secure the best possible outcome. Reach out today to discuss your legal options.
When Ordinary People Took on Corporations and Won
- McDonald’s Hot Coffee Lawsuit (Stella Liebeck v. McDonald’s)
- Year: 1994
- Overview: Stella Liebeck, a 79-year-old woman, spilled hot coffee on herself after purchasing a cup from McDonald’s drive-thru. The coffee was served at temperatures between 180-190°F, which is much higher than the home-brewing temperature of 130°F. Liebeck suffered third-degree burns and sued McDonald’s for serving coffee that was too hot.
- Settlement: Initially, a jury awarded Liebeck $2.9 million in punitive damages (later reduced to $480,000). The case was settled out of court for an undisclosed amount, believed to be around $600,000.
- The Ford Pinto Case (Grimshaw v. Ford Motor Company)
- Year: 1978
- Overview: Ford was sued after it was revealed that the Pinto, a car model manufactured in the 1970s, had a faulty fuel tank design. The tanks were prone to explosion in rear-end collisions, and Ford had known about the issue but chose not to fix it due to cost concerns. In this case, the Grimshaw family sought justice after their loved one was killed in a Pinto fire.
- Settlement: In 1978, the jury awarded the Grimshaw family $125 million in punitive damages, later reduced to $3.5 million. However, Ford ultimately settled for an undisclosed amount, with reports suggesting it was in the range of $11 million.
- Big Tobacco Lawsuit (Richard Boeken v. Philip Morris)
- Year: 2002
- Overview: Richard Boeken, a California man, sued Philip Morris after he developed terminal lung cancer from smoking Marlboro cigarettes for over 40 years. Boeken claimed that Philip Morris had misled the public about the dangers of smoking and manipulated the nicotine levels in their cigarettes.
- Settlement: The jury initially awarded Boeken $3 billion in punitive damages, but the amount was later reduced to $100 million on appeal. Philip Morris eventually settled the case for a reported $20 million.
- The BP Oil Spill (Kerr-McGee v. BP)
- Year: 2015
- Overview: Following the 2010 Deepwater Horizon oil spill, BP faced numerous lawsuits for environmental damage and the impact on local communities. One notable case involved the Gulf Coast residents and businesses that sued BP for compensation related to lost income, environmental damage, and health concerns.
- Settlement: BP ultimately agreed to a record $18.7 billion settlement to resolve claims from the federal government and five states affected by the spill. Many individuals and small businesses also received a portion of the settlement.
- The Roundup Cancer Lawsuit (Johnson v. Monsanto)
- Year: 2018
- Overview: Dewayne Johnson, a school groundskeeper, sued Monsanto (later acquired by Bayer) after he was diagnosed with terminal cancer, which he believed was caused by the company’s herbicide, Roundup. The lawsuit argued that the glyphosate in Roundup was carcinogenic, and Monsanto failed to warn consumers of the risk.
- Settlement: In 2018, the jury awarded Johnson $289 million in damages, though the amount was later reduced to $78 million. Monsanto/Bayer later agreed to a global settlement of around $10 billion to resolve thousands of similar claims.
Source:
- The Poole Law Group
- Business Law: The Ford Pinto Case by Priyakant Charokar
- American Cancer Society
- BP
- Lawsuit Information Center
These cases show how individuals, with enough persistence and legal support, were able to take on large corporations and, in many cases, achieve significant settlements.
How Bourassa Law Group Helps You Sue a Company
Filing a lawsuit and winning against a corporation requires skill and practice. Our attorneys guide you through each step, ensuring you never navigate the legal process alone.
We begin by reviewing your case during a free consultation. Our legal team then investigates the details, gathers evidence, and builds a strong claim. We determine your case’s value and negotiate with the defendant and their insurer. If necessary, we take your case to trial and present compelling arguments before a jury. It’s safe to say, our attorneys are dedicated to your victory.
We stand by your side at every hearing, protecting your rights and advocating for the compensation you deserve.
Frequently Asked Questions (FAQ)
1. What is a judgment notwithstanding the verdict?
A judgment notwithstanding the verdict (JNOV) occurs when a judge overturns a jury’s decision because it lacks legal support. If the jury’s verdict contradicts the evidence or misinterprets the law, the judge can issue a JNOV, effectively changing the case’s outcome.
2. What does a court reporter do during a lawsuit?
A court reporter transcribes everything spoken in court, creating an official record of the proceedings. This transcript becomes crucial for appeals, legal references, and ensuring accuracy in the litigation process.
3. How do I establish a strong legal basis for my lawsuit?
You need to prove that the defendant’s actions directly caused harm and that you have a valid claim under the law. A strong legal basis includes evidence, applicable legal theories, and clear documentation supporting your case. Consulting an attorney helps determine if your claim meets the necessary legal standards.
4. When should I file amended complaints?
You should file amended complaints if you need to correct errors, add new claims, or include additional defendants. Courts typically allow amendments early in the litigation process, but deadlines vary based on court rules and the nature of the changes.
5. How do I file suit against a corporation?
To file suit, you must draft and submit a formal complaint in the appropriate court, pay the filing fee, and ensure the corporation receives proper legal notice. The complaint should clearly outline the legal claims, provide supporting evidence, and specify the requested damages.
6. What is a bench trial, and when is it used?
A bench trial occurs when a judge, instead of a jury, decides the case. It is often used for complex legal disputes, cases with technical issues, or when both parties agree that a judge should rule instead of a jury.
7. How does the claims process work in a lawsuit?
The claims process involves filing a complaint, gathering evidence, engaging in discovery, negotiating settlements, and, if necessary, proceeding to trial. Throughout this process, both parties present their arguments and evidence to resolve the dispute.
8. How does a court’s schedule affect my case timeline?
A court’s schedule determines hearing dates, motion deadlines, and trial proceedings. Courts prioritize cases based on urgency, complexity, and procedural requirements, which can cause delays. Staying informed about your court’s schedule helps you manage expectations and meet all deadlines.
9. What if I can’t afford an attorney?
Don’t worry if you can’t afford to pay upfront, most lawyers work on a contingency fee basis, which means you only pay if you win. Find yourself the right lawyer who is committed to your case and you should be good to go.
Take Legal Action with Bourassa Law Group
Suing a corporation is a complex process, but with the right legal representation, you can navigate the litigation process successfully.
Whether you’re seeking compensation for a personal injury case, fraud, or contract breach, Bourassa Law Group provides compassionate legal support from experienced attorneys who will guide you every step of the way.
Contact us today for a free initial consultation and take the first step toward justice.
1-800-870-8910