For many big companies, lawsuits involving personal injuries are part of doing business. When a big company acts negligently and it results in personal injury, accident victims typically have to file a lawsuit against the entity. You may also have to file a lawsuit against the party that caused your injuries.
For some companies, a personal injury claim may not move past the insurance phase. For others, though, you may have to file a lawsuit against the business or the insurance company that represents them. Below, one of our Riverside personal injury lawyers explains how to sue a big company.
When are Companies Liable for a Personal Injury?
The majority of personal injury lawsuits are based on the legal concept of negligence. In these cases, you must prove several elements of your case, including that the company owed you a duty of care, that the duty was breached, and that you suffered injuries and other losses as a result.
Big companies may breach their duty of care in several ways. One of the most common is that they fail to ensure their premises are safe.
All customers of a business have the right to feel safe entering a company’s premises. If they slip and fall, are assaulted, or are involved in another type of incident that results in injury, customers can file an insurance claim or lawsuit against them to recover compensation for those injuries.
Big companies may also manufacture, sell, or distribute faulty products. These companies also have a duty to ensure customers can use their products safely and without getting hurt. When they fail to fulfill this duty, these companies can be held liable.
While many people do not often consider it, big companies can also be liable for auto accidents. This is often the case when employees are required to drive for work and they cause an accident. Under the legal concept of vicarious liability, employers can be held liable for the negligent actions of their employees.
How to Sue a Big Company
The process of suing a big company is no different than suing an individual. However, it can be more challenging because big companies also have a lot of resources and teams of attorneys ready to defend against these lawsuits. When suing a big company, you must prove the four following elements of your case:
- Duty of care: Big companies owe the highest duty of care to ensure their customers are kept safe. To meet this standard, businesses should regularly inspect and maintain their premises, warn customers of dangers such as slippery floors, and make immediate repairs when necessary. Because all businesses owe customers a duty of care, establishing this element is relatively straightforward.
- Breach of duty: Proving a breach of duty is more challenging because it requires you to show that the business was negligent and prove the act of negligence. For example, a grocery store employee may have failed to clean up a spill on the floor, causing you to slip, fall, and suffer serious injuries.
- Causation: Proving that a big company acted negligently is not enough to file a lawsuit. You must also show the direct link between the negligent act and the accident that caused your injuries.
- Damages: The purpose of a personal injury lawsuit is to recover compensation for your injuries and other losses. You must also prove your damages. Medical records, pay stubs, and other important evidence can help prove the total losses you sustained.
File Your Lawsuit On Time
One of the most important aspects of filing a lawsuit against a big company is to make sure it is filed on time. In California, you have just two years from the date of the accident to sue someone. This is known as the statute of limitations. There are some exceptions to the statute of limitations, but they are very limited.
If you do not file your lawsuit before the statute of limitations expires, you will be barred from receiving any compensation at all. The courts will throw your case out and you will not have a chance to argue why you deserve compensation. Many people think that two years is a long time to file a lawsuit, but it is not. Before filing, you must collect evidence, calculate your damages, and handle many other legal tasks. All of this takes time and so, it is important to get started with your lawsuit as soon as possible.
Our Personal Injury Lawyers in Riverside Can Help You Through the Process
If you have suffered injuries due to a big company that acted negligently, you have the right to sue them for full damages. It is important to exercise this right because an injury can cause you great physical, mental, and financial harm. At The JLF Firm, our Riverside personal injury lawyers have extensive experience suing big companies and we will put that expertise to work on your case, too.
Contact us to schedule a free review of your case and to learn more about how we can help.