When you have been hurt in an accident caused by another person’s negligence, you may find yourself filing a lawsuit against a business and not an individual. This happens because you should not necessarily be concerned with whose actual fault the accident was, but who is legally liable for the accident and the costs of your injuries. There are many reasons why a business would be liable for your injuries even though an entire company is not necessary at fault for what caused them. To learn more about when and how to file a personal injury complaint against a company, contact the experienced Houston personal injury lawyers at The Krist Law Firm, P.C. at (281) 283-8500. During an initial consultation, we can explain Texas law surrounding personal injury claims and explain how we would investigate your situation and draft a complaint.
Why You May Need to Sue a Company
One of the most common reasons that you would file a personal injury claim against a company is because that business is the employer of the individual who was negligent. If a worker caused the incident and your injuries during their job duties, then their employer may ultimately be responsible.
You may need to file suit against a company if the accident took place on the business’s property. It is possible that you were hurt in an incident and you do not know which specific individual is to blame. However, you may know that the company was responsible for the area where you were hurt and for the factors relating to your accident.
Your injuries may have been caused by a product designed, manufactured, or assembled by the company. If the product was defective based on its design, creation, or warning labels, then you may sue a company connected to that product.
Writing a Complaint
The complaint is the initial paperwork that starts your lawsuit and is generally known as a pleading. In the complaint, you tell the court who you are, what happened, why the court has jurisdiction, your injuries, and why you believe the listed defendant or defendants are responsible. In addition to laying out why these parties should be liable for your injuries, you will also provide a brief accounting of the compensation you are requesting from the defendants including your medical expenses, lost earning capacity, pain and suffering, physical impairment, and disfigurement.
A complaint is a relatively straightforward document, however, it is also legally nuanced in that it must contain certain basic information that may not be obvious to you without a legal background or previous experience in court. This document not only contains plain facts regarding the accident and your injuries, it also must recite state or federal law related to jurisdiction and negligence.
If you do not write or file your complaint correctly, you give the defendants ammunition for having your lawsuit quickly dismissed from court. This will mean you wasted time drafting this document and money on filing it in court. You can avoid small, but crucial, mistakes by working with an experienced personal injury attorney.
Naming the Defendants
One of the hardest parts of a personal injury claim is determining who is responsible for your injuries and compensating you. However, identifying the business is only the first step. You must ensure you have the business’s proper legal name to put on your pleadings, including the complaint. This can be harder to ascertain than you think. Many companies do business under a different name than what they are incorporated under. Without the proper name, you could take the wrong party to court or the correct party could have the suit dismissed. Speak with an experienced lawyer about ensuring you have the right names and titles before you head to court.
Determining Where to File the Lawsuit
Sometimes it is obvious where you begin your lawsuit. If you were hurt in your hometown, you may file in your local county court. However, if you were hurt out of town or the company is headquartered in another state, you may wonder where to go. Under the law, you must have legal validation for where you file a lawsuit. It must be filed in a court that has jurisdiction over the matter and the parties involved. There may also be a question of whether to file your lawsuit in state or federal court. If you are unsure of where to file a complaint, contact a Houston personal injury attorney right away.
When You Need to File a Personal Injury Lawsuit
In Texas, the statute of limitations for filing a personal injury claim is two years. This means you have two years from the date of the incident to file a claim in court. In many situations, you will want to work with an attorney as soon as possible to gather evidence, analyze your position, and file the complaint. However, your attorney may advise you to wait a brief period of time to learn more about your injuries and better predict your future capabilities, earning potential, and medical costs. Your lawyer will ensure that you do not miss the deadline to file your claim.
Why You Need a Houston Personal Injury Attorney on Your Side
When you have to sue a larger company, you need to bear in mind that the business likely has a team of lawyers ready to try and have your case dismissed or devote countless hours to defending against your allegations. You are unlikely to have similar time or monetary resources. However, by working with an experienced personal injury lawyer, you gain someone who has the same skills and tenacity as the business’s attorneys. If you attempt to represent yourself, the business may use underhanded and aggressive tactics to force you to drop the case or accept an extremely low recovery. With a lawyer by your side, you are better protected from these strategies and less likely to make avoidable mistakes.
To learn more, contact The Krist Law Firm, P.C. at (281) 283-8500 and schedule an initial consultation.