If you were injured in a car accident in Jacksonville, Florida, you would likely file a personal injury claim against the negligent person who caused the crash. However, if you were injured in a plane, train, or truck accident, it may be necessary to file your case against a corporate entity. Keep reading to learn more about the legal process for suing a corporation.
Suing Different Business Structures
First, it’s important to understand the different types of businesses, so you know who and how to sue them. Florida recognizes the following types of business entities:
Sole Proprietorships
This is the simplest way to operate a business in Florida and also the most common business structure. One individual operates it. There is no legal distinction between the owner and the business, so there is unlimited personal liability against the owner.
While the business owner must register a fictitious name with the Florida Division of Corporations, you do not sue in the fictitious name. You sue the owner of the business directly.
Partnerships
A partnership involves ownership by two or more people who co-own a business and share in the business’ profits and losses. When using a partnership, you will include the name and address of all partners.
General Partnerships
In this type of partnership, the partners divide rights and responsibilities equally. Each partner has the right to act on behalf of all of the partners. Each is also responsible for the partners’ debts and obligations. When using a general partnership, include the names and addresses of all partnerships.
Limited Partnerships
In this type of partnership, general and limited partners are involved. Limited partners limit their liability to the partnership to the amount they have invested in the business, while general partners manage it.
You will typically include the names of all general partners when suing this type of business. Your lawyer can explain whether you should name limited partners in your lawsuit.
Limited Liability Companies
A limited liability company allows owners to limit their personal liability. It does not have to adhere to corporate formalities required of corporations. The Division of Corporate Information can provide information about the registered agent you serve your lawsuit on.
Corporations
Corporations are separate legal entities, legally distinct from their owners. Therefore, even if an owner dies, the corporation continues. Corporations can enter into their contracts and transactions and be held liable for the actions of their officers.
You can find information about the corporation’s registered agent’s name and address through the Division of Corporation Information’s online information center.
Steps To File A Lawsuit In Florida
Filing a lawsuit in Florida typically involves the following steps:
Attorney Consultation
You can meet with our Jacksonville, FL injury attorneys during a free initial consultation. A personal injury attorney can discuss your legal rights and options. They can also explore options for resolving your case, such as filing an insurance claim or proceeding with a lawsuit.
Preparing A Complaint
Your lawsuit typically begins with preparing a complaint. This document sets out the facts of the case, the legal theory for which you are seeking compensation (such as negligence), the reasons the court has jurisdiction over the case, and the amount of compensation you are seeking in damages.
Filling Out Other Forms
You will also need to complete other forms required by the court. These documents will depend on the type of case you are filing and local court rules.
At a minimum, you will need to complete a civil cover sheet and a summons for each defendant. A civil cover sheet covers basic information about the lawsuit. A summons is a document that informs the defendant you are suing them and explains their deadline to respond to your lawsuit.
You must pay the filing fee when submitting your lawsuit to the court.
Serving The Registered Agent
You must serve the registered agent with the legal paperwork. Florida law requires all businesses to have a registered agent who can accept service of process from at least 10 a.m. to noon each weekday, excluding holidays. Legal service may include personally serving the agent or mailing notice.
Conducting Discovery
After the business responds to the complaint, you may engage in lengthy discovery with the corporation in which your lawyer requests information and evidence to help prepare for the case ahead. You may also be asked to provide information about the case under oath.
Preparing Pre-Trial Motions
Your lawyer and the defendant’s lawyer may prepare various pre-trial motions, such as asking the court to dismiss the case, seek summary judgment, or force the defendant to produce discovery.
Attending Pre-Trial Hearings
Several pre-trial conferences may be scheduled in your case so the judge can get a better sense of the case and any outstanding issues. This is also a time to schedule future dates related to the case.
Settling Your Case
You can settle your case at any point, in which you will have your case dismissed in court and sign a settlement agreement outlining the terms you and the defendant agree to.
Participating In Trial
If your case is not settled, it proceeds to trial. At trial, you can explain the injury, how it happened, and how it affects your life, and the defendant can testify. Other witnesses may provide testimony, and lawyers can present evidence, examine witnesses, cross-examine witnesses, and make arguments. At the conclusion of the case, a judge or jury will render a verdict.
Contact Baggett Personal Injury Lawyers Today For Help With Your Florida Lawsuit
If you were injured because of a business’s negligence, you deserve to be fairly compensated, just as you would if someone harmed you. Baggett Law Personal Injury Lawyers can fight for the justice and compensation you deserve. Contact our Jacksonville personal injury attorneys today for a free, no-obligation case review. You can call us at (904) 396-1100.