Are you wondering how to file a lawsuit against a company? In Colorado, there are specific steps you need to take.
Most legal channels are complex and challenging to work through without the right expertise. I encourage you to review this guide and the appropriate jurisdictional web page to familiarize yourself with the general process.
In addition, it’s important to consult with a business lawyer before pursuing any legal action. They will help you understand what kind of case you have, discuss possible alternatives, and determine the best course of action.
Can you file a lawsuit against any type of organization?
You can pursue legal action against any type of organization that you feel has imposed on your rights, including:
- Corporations
- Limited Liability Companies (LLCs)
- Non-profits
- Small businesses
- Independent contractors
- Government agencies
- Institutions
- Schools
The only thing to bear in mind when filing a lawsuit is that there are different types of company legal structures. These structures will affect the extent to which individuals are held responsible. For instance, an LLC is set up specifically so that the business owners are not liable for business debts, and a corporation will be treated as an individual entity.
Contact us to learn more about how to file a lawsuit.
Prepping and Grounds for a Lawsuit
Before filing a civil complaint against a company, be sure that you have a solid case, that your efforts will be affordable for you, and that you have enough proof to show that events took place as explained.
Be sure to keep all relevant documentation and print out digital information for your records.
Some examples of grounds for lawsuits against companies include:
- Breach of contract or warranty
- Harassment and discrimination
- Employee rights (e.g., wrongful termination or negligent hiring)
- Wrongful death and malpractice
- Slander or defamation
- Product or premises liability
- Defamation
- Fraud
- Consumer Protection Act violations
- Abuse
- Intellectual property
- Personal injury
- False advertising
The issues listed here are only examples of the types of lawsuits commonly seen against companies.
Some lawsuits require different jurisdictional processes, so be sure to understand where you need to file your lawsuit, as well as the statute of limitations for the type of claim you are making.
How to File a Lawsuit in CO
There are four different courts in the state, so make sure you have the correct court and county for the type of case you have.
- File in small claims court if you believe the case is worth less than $7500
- County courts handle cases under $15,000
- District courts handle any monetary level of claim and a variety of types of lawsuits.
- Federal courts handle certain types of lawsuits, such as those to do with copyright and civil rights. (For more information, here is a guide to filing federal civil suits.)
The subsequent steps will depend on which court you are working with, but generally, they’ll follow a similar process, starting with filing a Complaint. A Complaint is a form that explains all relevant information about the case, including:
- Names and addresses of all parties
- A statement re: jurisdiction
- Your reasoning behind the claim
- A description of the claim situation and facts
- Specific demand for the amount owed
Before you file the complaint, make several copies of this document and pay a filing fee.
Next, you will notify the defendant of the complaint, giving them an adequate amount of time before the trial. For instance, in small claims court, you are required to notify the defendant at least 15 days before the trial date.
Even if you understand how to file a lawsuit, you should consult with a lawyer in every case. In part, this is because there may be several steps involved that require specific legally binding processes.
But no matter what, you must provide true and accurate information and support this to the best of your ability.
A complaint in Colorado needs to be filled out properly to be processed and will be dismissed if there are not enough facts to support a case.
Hire a Business Lawyer to Find a Resolution
You may be tempted to move forward with a lawsuit against a company you feel has imposed on your rights and freedoms. However, often there’s more than one way to come to a resolution to a conflict that will satisfy both parties.
But whether you are moving forward with a civil claim, mediation, restitution, or another method, a qualified legal representative will act on your behalf and make sure you get fair compensation.
Our legal professionals understand what it takes to tackle challenging cases and represent individuals and businesses throughout Colorado.
Call toll-free 855-976-3783 today or book a consultation online.
