Our Texas lawyers explain how to sue a company. There are many reasons a person may need to file a lawsuit against a business or establishment. In most cases, the legal issue is brought by employees, stakeholders, or customers. When the person who owns a business, or an employee working within the bounds of employment, causes harm to a guest or another employee, they can be sued. A plaintiff can file a lawsuit against a company for breaches in contracts, discrimination, or injuries sustained at the premises. Many cases are brought in small claims court, while lawsuits with large amounts of victims can go to federal court. Our Texas lawyer group covers how to sue a company, what legal paperwork is typically required, and when you’ll need to hire a lawyer to help file a lawsuit against a company in Texas.
Our Texas law firm has extensive experience filing civil lawsuits in both small claims court and class action claims under federal law. If you need a lawyer to represent you, call 713-622-7271 to schedule a free consultation.
How to File a Lawsuit Against a Company in Texas
Before we explain how to sue a company, understand that you must gather evidence that backs up your complaint before you file suit or take legal action of any kind. You’ll need proof of where exactly the business failed you or did you wrong.
Depending on the jurisdiction, whether it’s in federal or state court, you may be required to write a demand letter. This will notify the defendant and the court of the compensation you expect. Generally, plaintiffs will file a lawsuit against companies if the damage exceeds a certain amount. When the business receives notice of the case, in most cases, it attempts to settle to protect its reputation and money. Legal representation is crucial in civil cases to secure a fair settlement, especially if you’re filing a lawsuit against a large company or corporation.
To file suit against Texas companies, the plaintiff must:
- Determine Appropriate Court and Cause: If your recovery is ≤ $20,000, the plaintiff will typically sue in small claims court. If the damage is greater, you’ll sue under district or county civil court procedures. You also need to ensure your Texas lawsuit fits within the court’s jurisdiction and venue rules.
- Gather Evidence and Prepare Petition / Complaint: You need to collect court forms, legal documents, invoices, the contract in question, correspondence, receipts, and proof of physical or monetary harm. Next, you’ll draft a “Petition” in state court or “Complaint” if applicable under federal law, stating parties, facts, legal basis, and damages sought.
- Obtain Court Forms: For small claims court, use the eFileTexas “Texas Small Claims Petition.” For a general lawsuit, obtain civil case court forms from the Texas State Law Library or the local clerk’s office.
- File The Petition / Complaint With the Clerk And Pay the Required Filing Fee.
- Serve The Defendant With Citation / Summons: You’ll request to serve the citation with the clerk, or arrange service via sheriff, constable, or approved process server per state or federal law. Ensure the correct legal name, address of the business, or its registered agent (use information from the Texas Secretary of State if suing a corporation).
- Wait For The Defendant to Respond or Enter Default if There’s No Response: If the defendant fails to respond by the deadline, request default judgment. If they respond, proceed with discovery, motions, settlement negotiations, or trial.
How to Sue an Insurance Company in Texas
- Review Your Policy And Gather Evidence: Gather your policy, insurer forms, denial letters or other communications, photos, estimates or repair bills, and any documents showing losses.
- Identify Grounds for a Lawsuit Under Texas Law: To file a lawsuit against an insurer, you must have a reason. The most common example is bad-faith insurance claims in Texas.
- Before You File a Lawsuit, Try Non-Litigation Remedies. File a complaint with the Texas Department of Insurance.
- Send A Demand Letter: Before you file suit, send a written demand to the insurer explaining the policy violation or bad faith and giving them an opportunity to correct the issue.
- File A Lawsuit In The Proper Court: If the insurer fails to respond or remedy, file a lawsuit in civil court.
- Be Aware Of The Statute of Limitations: You generally have two years from when you discovered (or should have discovered) the bad-faith conduct to file suit.
Our Texas insurance claims attorneys have handled many health insurance claims in Texas. This includes BCBS claims, long-term care insurance claims, claims for managed care, and even VA disability claims. We also handle Texas homeowners’ insurance claims in Texas and commercial property insurance claims in Texas.
Can You Sue a Company For False Advertising?
You can sue companies for false advertising when:
- The advertisement is deceptive or misleading in a material way under 15 U.S.C. §45(a)(1),
- The business makes or disseminates a false advertisement for goods or services that is likely to induce a purchase under 15 U.S.C. §52(a)
- False advertisement concerns a product category specifically regulated, such as food, drugs, devices, or cosmetics, and the ad is misleading in a material respect under 15 U.S.C. §55(a)(1).
- A business uses a false, misleading, or deceptive act or practice in trade or commerce under Texas Business and Commerce Code §17.46(b)
- The deceptive advertisement causes actual financial loss. Texas DTPA claims allow consumers to file suit if the deceptive act was a producing cause of loss, under Texas Business and Commerce Code §17.50(a)
Can You Sue Vaccine Companies?
You generally cannot directly sue a vaccine company that produces “covered” vaccines. Under NCVIA, most vaccine-related claims must be pursued through the National Vaccine Injury Compensation Program (VICP).
Exceptions include:
- If the vaccine is not covered by VICP (for example, some adult or travel vaccines), then a general product-liability or negligence lawsuit may be available.
- If the manufacturer engaged in misconduct such as reckless disregard, fraud, or failure to comply with regulations, then the immunity afforded under 42 U.S.C. § 300aa-22 may not apply.
Consult a Texas product liability attorney from Reich & Binstock to learn more about filing a civil lawsuit against a vaccine manufacturer.
How to Start a Class Action Lawsuit Against a Company?
To file a class action lawsuit against a company, you must:
- Meet the class action requirements in Federal Rule of Civil Procedure 23: This requires proof of numerosity (typically 40 or more people, but sometimes this can be 20), commonality (questions of law or fact shared by all members), typicality (the lead plaintiff’s legal issue is typical of the class), and adequacy. Each must be supported with facts showing the class shares the same legal issue capable of a single answer, and an attorney can represent the civil case as a whole.
- File a complaint in the court that identifies the proposed class and the claims. The complaint must define the class, state the legal issues, list the causes of legal action, and request class certification.
- File a class notice when required under FRCP 23(c)(2). This includes informing members of legal rights, opt-out options, and consequences of participation.
- Obtain court approval for any settlement under FRCP 23(e). The judge must review the settlement before any pay structure becomes binding.
Lawsuits Against Businesses in Federal or State Court
How to Sue a Company in Federal Court
Suing a company in federal court requires confirming that the case meets federal jurisdiction, preparing a complaint that outlines the legal basis, facts, and requested compensation, filing it with the appropriate federal district court, paying the filing fee, and serving the company through the proper service, whether an authorized agent or other service provider, before the case proceeds into discovery and motions.
How to Sue in Small Claims Court
Suing in small claims court requires verifying that the dispute falls within the monetary limit, completing the simplified petition, filing it in the correct county, paying the filing fee, serving the company’s registered agent, and presenting organized evidence at an informal hearing with streamlined rules.
Legal Representation For Various Types of Lawsuits Against Companies
A person can file a lawsuit against a company for many reasons. Many victims seek compensation from businesses if they were harmed at a location or through a defect, for wrongful termination, for being harassed, or for another situation. In most circumstances, you’ll need to hire an attorney to help you navigate the litigation process or a dispute resolution process called conciliation.
Personal Injury Claim: Company Negligence
Personal injury cases against companies require proof of four elements: duty, breach, causation, and resulting damage. Every business owes a duty to act reasonably in its operations, facilities, products, and employee actions. Companies fail to meet this standard through unsafe practices, inadequate maintenance, improper training, defective products, or violating safety regulations. Causation requires proving the company’s violation resulted in harm that wouldn’t have occurred without the negligent act, and the type of harm was reasonably foreseeable. Losses require evidence of actual losses such as medical bills, lost wages, disability, or pain and suffering supported by medical reports, financial papers, etc.
Reasons a victim may bring a personal injury case against a business can include a dangerous property causing them harm, or an employee who sexually harassed them, for example. Personal injury cases are complicated, so it’s important to work with a lawyer who is experienced in handling personal injury cases similar to yours. Consult a Houston personal injury claims attorney to learn more.
Can You Sue Pharmaceutical Companies?
You can sue pharmaceutical companies in specific situations where the law allows direct liability. When drugs have a defect in design, manufacturing, or labeling, when the company fails to provide adequate warnings, or when it violates federal regulations that result in harm. These civil cases require showing the drug was unsafe, the business knew or should have known of the risks, the warnings or instructions were insufficient, and the defect or failure to warn directly caused measurable harm. Evidence generally includes medical records, prescribing information, FDA safety communications, clinical data, and proof of loss, such as medical bills or lost income.
Lawyers that sue pharmaceutical companies, like the Texas pharmaceutical injury lawyers from Reich & Binstock, can help in several types of claims.
How to Sue a Hospital in Texas: Legal Process of Filing Medical Malpractice Lawsuits
Suing hospitals in medical malpractice lawsuits requires the plaintiff to follow specific court procedures outlined in the Texas Civil Practice and Remedies Code Chapter 74. Civil cases begin by identifying the negligent act, like misdiagnosis, negligent treatment, or unsafe staffing, for example. State law requires giving hospitals written notice of the malpractice claim least sixty days before you file a lawsuit against them, a certificate of merit from a medical expert must be served on the hospital within one hundred twenty days of filing, and the report must explain the applicable standard of care, how the hospital breached that standard, and how this resulted in the plaintiff’s harm. Failing to include the expert report in the case will result in the civil case being dismissed.
To learn more, call a Texas malpractice lawyer for a free consultation.
Breach of Contract Lawsuit
A breach of contract lawsuit arises when one party fails to perform a duty that was a requirement in a valid agreement, causing financial loss to the other party. Breach of contract requires proving that legal contracts exist, one of the parties fulfilled or was ready to perform the obligations, and that the company failed to fulfill its duties through nonperformance, delay, or defective performance, and the breach of contract caused measurable damages such as lost profits, additional expenses, or business disruption. Evidence generally includes the written contract, emails, invoices, performance records, and documents or other documentation showing that the breach of contract directly caused financial harm.
Do I Sue the Business or the Owner?
You’d file a lawsuit against a company if you were harmed by the company’s negligence.
If an employee acting within the scope of employment caused harm, you could sue the business (as they are responsible for their employees’ actions), and you could also sue the employee.
In some civil cases, victims cannot sue the owner personally. This applies if the business is an LLC or corporation. However, if the company is a sole proprietorship or partnership, you could sue the business and its owner(s).
In most cases, Fortune 100, Fortune 500, or other large companies force employees to sign mandatory arbitration clauses. This clause protects the business’s reputation and means that complaints must be handled privately instead of in court. This would leave you unable to sue your employer.
When you’ve been injured due to negligence on behalf of a company, your lawyer will evaluate your civil claim and help find responsible parties to pay for your losses.
How Much Does it Cost to Sue a Company?
When deciding to file a civil lawsuit against a company, you need to weigh your legal options. This is important because the litigation process is complex and can be draining. Laws don’t guarantee victims will win. So, it’s crucial to seek legal advice to determine whether or not you have a valid civil case. For example, having to pay for attorney fees, court fees, and other fees may mean seeing a settlement is not worth it. On the other hand, if you were harmed in a serious car accident that caused catastrophic personal injury, the filing fee is minimal compared to your medical bills.
If you have a small claims case, for example, our lawyer team would work to negotiate a settlement with the defendant’s insurance company if possible.
What Kind of Lawyer Do I Need to Sue a Company in Texas?
Before you start the process of suing a business, you need to find and hire an experienced attorney to assist throughout the complicated litigation process. Not all attorneys truly understand how to sue a company beyond a certain limit. For example, some firms may sue for small legal issues, like minor dog bites, but wouldn’t want to pursue personal injury cases against corporations or large LLCs.
To sue a business, you’ll typically want to work with an attorney who understands how to sue a company in civil cases just like yours. This is true for workplace discrimination, breach of contract, personal injury claims, or other legal issues.
Many cases against major companies can fall under federal law and class action rules. This means the cases need to be filed in federal court and need firms equipped to represent parties in various states.
A skilled civil claim attorney can help you understand your legal options, guide you through the requirements of your case, and represent you effectively, ensuring that your rights are protected throughout the process of suing a company.
How Long Does it Take to Sue a Company?
Plaintiffs only have limited timeframes to file civil lawsuits in the appropriate court. In Texas, the most common statute of limitations is two years. However, it’s important to understand that this varies depending on the type of case. For example, Texas has four-year statute of limitations laws governing lawsuits involving contractual obligations.
Texas Lawyers That Sue Companies
If you’ve suffered an injury or need to file a claim against a business, you can depend on our attorneys to help you hold the negligent party accountable and seek a fair settlement or jury award. We’ve provided skilled legal assistance, fighting major companies on behalf of clients. We make sure that each can resolve their problem without being intimidated by the steps of the litigation process. We guide them through every step and give them the best chance of recovery. To determine if you have a valid civil complaint against a company or business owner, call 713-622-7271 to schedule a free consultation. free consultation today.
