When you’re hurt in an accident, the responsible person may not be a person at all. It may be a corporation that’s to blame for your injuries. What happens when a corporation is to blame for a personal injury accident? Can you sue a corporation? How do you sue a corporation? Our Las Vegas personal injury lawyers answer your questions.
Can You Sue a Corporation in Nevada?
Yes, you can sue a corporation in Nevada. A corporation is a legal entity with the capacity to sue and be sued. If you have a legal claim against a corporation, you may bring a case against them. In a lot of ways, you can sue a corporation in Nevada in much the same way that you can sue a private individual. However, there are some critical differences like making sure that you name the right entity and requirements for service of process that you should be aware of to sue a corporation in Nevada.
How Do I File a Lawsuit Against a Corporation in Nevada?
To file a lawsuit against a corporation in Nevada, you name the corporation in the lawsuit in the place on the paperwork where you name the defendant. You prepare a summons and complaint that states the facts and your grounds for the lawsuit. Once you complete your summons and complaint and name the corporation as the defendant, you file the lawsuit in the court and pay the filing fee.
Can I Sue a Corporation in Small Claims Court in Nevada?
Yes, you can sue a corporation in small claims court. As long as the business does business in the State of Nevada, you can name the corporation in small claims court in Nevada. There are pros and cons to suing a corporation in small claims court. An experienced attorney can help you determine if it makes sense to bring your case to small claims court.
Suing a Corporation in Nevada
There are several important things to keep in mind when you’re suing a corporation in Nevada:
Naming the Right Corporation
Suing a corporation in Nevada begins with determining who you’re suing. It’s important to name the right party or parties in your lawsuit. A corporation may have a common name and a registered name. They might have multiple companies that are all part of a business group. The first step in suing a corporation is determining who to name in the lawsuit.
Service of Process
If a corporation does business in the State of Nevada, they should be registered with the state. Each business in Nevada must have a registered address where they can accept service of process. Serving your lawsuit on the corporation should be a matter of looking up the official address and arranging for delivery. To find an address, you can conduct an Online Entity Search .
Applying the Right Law
In many cases, the law that applies to a corporation is the same law that applies to any other business. A corporation acts like its own person for the purposes of a lawsuit. For example, if you’re injured because of the negligence of a corporation, the corporation can be liable for negligence in the same way as a person can be liable for negligence.
However, in some ways, there are more harsh standards that apply against a corporation. A corporation that’s engaged in for-profit activities may have higher standards than those that apply to individuals. For example, say you slip and fall while you’re a customer at a place of business. A business has a higher legal standard for keeping their property safe from trip and fall hazards than an individual who uses their property only for personal use. So it may be easier to win your case against a business than an individual.
In addition, product liability laws apply only to corporations. When a corporation puts a product into the stream of commerce, they’re liable if that product hurts someone. In the case of an injury that results from a product, you don’t have to prove that the corporation acted negligently. In the case of products liability, having a claim against a corporation may be the very nature of the claim. Only those entities that put products into the stream of commerce may be liable for products liability.
Reasons to Sue a Company
Reasons to sue a company can vary. Sometimes, you bring your case against the corporation alone. In other cases, it’s best to name both the corporation and an individual in your lawsuit. There are a few reasons that it may make practical sense to name a corporation in your claim.
For example, a corporation is likely to have liability insurance available to pay a claim. A private individual may or may not have the means to pay a claim. Most individuals don’t carry personal liability insurance. They just pay the claim out of their own pocket. On the other hand, a corporation typically has liability insurance. Even if they don’t have liability insurance, they’re more likely to be able to pay you for your losses than an individual person.
In addition, when you name a corporation as a party in your claim, they’re subject to the discovery process. You can ask the corporation as an entity to respond to interrogatories or questions under oath. You can discover information from their records. Although this information is accessible through other means if the corporation is not a named party, it may be easier and faster to serve discovery and build your claim with the corporation listed as a party.
Finally, a reason to sue a corporation is that it may be easier to serve process on a corporation than a private individual. Each corporation must have an official address on file with the State of Nevada. You can search for the corporation’s legal address and use it to serve process. It may be easier to sue a corporation than a private individual because you may have an easier time serving the lawsuit on the corporation.
Contact Our Injury Lawyers
Do you think that you might have a claim against a corporation? Our Las Vegas attorneys can help you bring a legal claim against a corporation. We understand all of the unique issues involved in a claim against a business. It’s our goal to ensure that you get maximum compensation for your claim. Call us today.
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