When most people think of lawsuits, they imagine high-profile cases with celebrities and mountains of money on the line. However, the vast majority of legal disputes are settled out of court, and many people don’t realize that they have the option to take their case to court.
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If you’ve been wronged by a company and want to seek justice, this guide written by our civil litigation solicitors in London will tell you what you need to know before trying to sue a company. We’ll cover the different types of cases that can be brought against businesses, what tactics companies use to intimidate people into dropping their claims, and how hiring the proper legal assistance can make all the difference.
So if you’re ready to fight for what’s right, keep reading!
There are several compelling reasons that can be considered when you are thinking about how to sue a company. For example, it could be that you may not have been paid correctly, or you may be experiencing, or you might have been laid off unfairly.
When you decide to sue a company, there are a few things you need to know. First, you should try to resolve the main issue through other means such as speaking with management or HR or going through mediation. If those options don’t work, then you may have to pursue litigation.
Workplace Injuries and Illnesses
Workplace injuries and illnesses are another common reason people sue their employers. It could be something minor like slipping on a wet floor, or it might be something more serious that requires medical attention.
If you’re injured or ill due to your job, you should seek medical attention immediately and then report the incident to your supervisor.
You should also collect evidence such as photos of the scene, witness statements, and medical records. If you decide to sue your employer, you’ll need to prove that your work caused the injury or illness.
Discrimination in the Workplace
There are different types of discrimination that can occur at work. For example, discrimination could be based on race, gender, sexual orientation, age, or disability status.
If you notice that you have been discriminated against at work, you might be able to take a claim to an employment tribunal.
This is a government-run body that deals with workplace disputes. The tribunal will view both sides of the story and decide based on the evidence presented.
Another common reason to sue your employer is because of wage disputes. This could be anything from not being paid enough money, receiving the wrong amount in a paycheck, or not being paid on time (or at all).
If you’re having trouble getting paid by an employer and think that they might be trying to take advantage of you, it’s crucial to take action as soon as possible. The longer you wait, the more difficult it will be to get what you’re owed.
If you have been working for a company and suddenly find yourself without a job, it’s possible that you were fired unfairly.
This is known as being dismissed “without just cause”.
If you believe that your employer has dismissed you without a valid reason, this might be an example of unfair dismissal. In these cases, it is possible to take legal action against the company.
Sexual harassment is another common reason for people to sue their employers. This could be anything from unwanted touching to sexual comments or jokes.
If you’re being sexually harassed at work, it’s essential to take action as soon as possible. You can speak to your supervisor, HR department, or a lawyer about the situation. If this does not work, they can take legal action at an employment tribunal.
Not all lawsuits against companies are brought by employees. Sometimes, people who have been wronged by a company will file a claim as a non-employee.
This could be someone injured by a product or someone who the company scammed.
To bring a case as a non-employee, you’ll need to prove that the company harmed you and that you suffered damages. This can be difficult if the company is based in a different country.
Class action lawsuits are a type of lawsuit where a group of people bands together to sue a company. This type of lawsuit is often used when the company has done something wrong that affects a lot of people.
For example, if a company was to release a product that caused injuries to many people, they might file Group litigation. This would allow all injured people to join together and sue the company as one group.
This is often a more successful way to sue a company, as it will have a more challenging time defending itself against multiple claims.
Premises Liability Claims
Premises liability is a legal concept that refers to situations where someone’s property is responsible for an accident.
For example, if you fall on a broken stair in a business establishment, you might be able to sue them for damages under the premises liability law.
To win a case like this, you will need to prove that the property owner was aware of the unsafe condition and did not do anything to fix it. You will also need to show that you were injured due to the hazardous condition.
Consumer Discrimination Cases
Individual consumer discrimination claims are frequently the result of a retailer’s or service provider’s actions.
This could be anything from :
- Being refused service because of your race, colour, national origin, religion, sex (including pregnancy), disability, or age.
- Receiving lower quality service than other customers.
What Tactics Can Companies Use to Intimidate People?
When it comes to suing a company, many people are intimidated by the thought of going up against a large corporation.
This is often because companies will use tactics to try and scare people into dropping their cases. Some of these tactics include:
Threatening to Countersue
One common tactic that companies use is threatening to countersue the individual if they decide to take legal action. This is often done to scare the person into dropping their case.
Using a lawyer to intimidate you
A common tactic is for the company to use a lawyer to try and intimidate you into dropping your case. This often is a very effective strategy and threat, as many people in the general public will be scared of going up against a lawyer.
Offering a Settlement
Many companies will try and offer a settlement to the person suing them. This is often an attempt to get the person to drop their case without going to court.
Why is Hiring the Right Legal Assistance so Important?
Hiring the proper legal assistance is essential for any business dispute or for trying to sue a company. This is because the lawyer will help you build a case and guide you through the process.
Lawyers will likely also be able to advise you on whether or not your case is likely to succeed. This can be very helpful, saving you a lot of time and money.
If you consider suing a company, it’s crucial to speak to a lawyer so you can understand your best chance of success.
How to File a Claim – A Step by Step Guide
Determine Who is Responsible for Your Claim
In many cases, the company you are suing will be liable for the accident or injury you suffered. However, there may be other parties who are also responsible.
Determine How Much Compensation You would Get If You Pursue Legal Action.
This can be difficult to do, as it’s hard to value something like an injury. However, it’s essential to have a rough idea of how much money you think you should receive.
Instruct The Attorney Who will Represent You in Filing The Claim
Once you have hired a lawyer, they will file the claim on your behalf. This will start the legal process and begin negotiations with the company you are suing.
Wait for a Response from The Company.
The company will likely respond to your claim by either denying liability or offering a settlement. Therefore, it’s important to have a lawyer who can help you negotiate with the company and make sure you receive the best possible outcome.
Sue The Company
If negotiations break down, your lawyer will be able to take the company to court and fight for you. This can be a difficult and complicated process, but with the help of a good lawyer, you will have a chance of succeeding.
Other Important Avenues that can be Utilised
Issuing a Statutory Demand
If the amount of the debt owing to you by a company is not in dispute, or you are sure there is no defence to the claim, then you can serve a statutory demand under section 459E of the corporation Acts 2001, which enables you as a creditor to demand payment of the debt failing which you can issue a petition to wind up the company.
Winding Up a Company
Liquidating a company is also called winding up a company. During the liquidation process, the company’s assets will be used to pay off its debts and any leftover money will go to its shareholders.
Security for Costs
If a company is suing you, and if its finances are not good or it is registered in a foreign jurisdiction, you may be advised to ask for security for costs so that in the event of the company losing the action, there will be funds to pay your legal costs.
Is Settling Out of Court Worth It?
If you are considering a claim against a company, it’s important to consider whether or not settling out of court is worth it.
A primary reason people choose to settle out of court is that they don’t want to go through a lengthy legal process.
If you want to file a claim against a company, it’s important to consider how much money you need to cover your expenses. This will help you consider whether or not settling out of court is worth it.
What Happens When a Claim Goes to Court?
When a claim goes to court, the parties involved will present their evidence to the judge. The judge will then decide on who is right and who is wrong.
This decision is known as a judgment.
If the defendant is found guilty, then they might well have to pay damages to the claimant. This could include money to cover medical bills and other expenses.
When it comes to how to sue a company, there are several things that you need to consider. Firstly, you must decide if the case is worth pursuing. If it is not, then you should look into alternatives such as mediation or arbitration.
If you move forward with making a legal action, then make sure that all of your facts are correct and have enough evidence to support your case.
It would be best to talk to a lawyer before filing any paperwork or making any statements so that you can ensure that everything is done correctly and legally. Our team of commercial litigation solicitors are here to help and advise you every step of the way.
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Dr Bernard Andonian – the Co-Founder of Gulbenkian Andonian Solicitors, is an experienced Immigration Solicitor, former Judge, and recipient of a PhD in Law from the University of West London. He has over four decades of experience practising UK Immigration, Human Rights and Civil Litigation Law. He has served on the Law Society Immigration Law Panel, achieved numerous groundbreaking decisions in higher courts and is featured in the Legal 500’s Hall of Fame.