Have you ever received a bad product or service that was NOT what you ordered? Or sustained a physical injury/illness due to company negligence? Or worse, you signed a contract deal with a company as a freelancer or entrepreneur, and they didn’t keep their end of the bargain?
If you have, I’m pleased to announce that there is GOOD NEWS! You have the option to pursue legal action against the company by filing a lawsuit and seeking justice!
Now, how can we sue the company?
Before you get started on this path of justice, it’s important to note that an enterprise that has been fully incorporated under the law has the capacity to sue and be sued. If the company isn’t registered, you can still sue the owner, but just as a person, not a company.
This means the company can also enforce a lawsuit against someone and defend their rights when it receives a lawsuit.
With that being said, let’s get into the steps you need to take in executing a lawsuit:
Have a valid legal complaint or cause of action
Whatever complaint you bring to court can’t be based on your emotions. It has to fall within the range of company negligence, breach of contract, employee discrimination, etc. A good lawyer should be able to determine or evaluate the weight of the complaint before filing a lawsuit in court.
Also Read: How to Sue Nigerian Companies for Negligence
Send a written demand notice to the company
Before a lawsuit goes to court, you need to get a lawyer skilled in civil litigation who will send a written demand notice to the company. This notice explains the nature of the complaint and the type or amount of compensation the plaintiff (i.e., you) is willing to collect as a settlement.
The notice is also used as a warning or a threat to the company that the plaintiff will take the matter to court if his/her demands are not met.
Basically, the plaintiff is saying to the company:
If a demand notice doesn’t work, start filing processes
These processes include a statement of claim (a plea document containing the allegations made against the company and the type of relief or settlement needed), a list of witnesses, witness statements on oath, and necessary documents.
When these processes are completed, you can serve them to the company. One can do this by delivering them to their office address or serving the directors or key executives in the company.
After an action is filed in court, a suit number and court will be assigned to the matter. It will then be listed on the court’s cause list.
When can I NOT sue a company?
As much as you can sue a company, you may also be ineligible to sue them. This is when the limitation period or maximum time period for initiating a lawsuit has elapsed, according to the statute of limitations. Limitation periods differ depending on the nature of the complaint and the time the lawsuit was filed.
For instance, actions for damages resulting from negligence must commence within three years of their occurrence; actions for breach of contract must commence within six years of their occurrence. Learn more about the respective limitation periods here.
What if the company agrees to avoid being sued?
As much as the plaintiff wants justice, the reality is that the matter can be resolved outside of court. Most companies would rather avoid the spotlight and use the alternative dispute resolution process (ADR).
ADR is simply the different ways people can resolve disputes without a trial.
These can include negotiation, mediation, reconciliation, and arbitration—using a third party that both parties agree upon to resolve the conflict.