If you have been injured in a car accident, you may be wondering if you can sue the other driver. In most cases, the answer is yes. However, sometimes the party at fault is not an individual but a commercial company. This can be more complicated to sue, but it is definitely possible. In this blog post, we will discuss the process of suing a commercial company for a car accident and what you can expect from the process.
Who Do I Sue?
The first step in suing a commercial company is to identify who the correct party is to sue. This can be difficult because there are often multiple parties involved in a car accident. For example, if you were hit by a truck, you would need to determine whether to sue the truck driver, the trucking company, or both. To do this, you will need to gather evidence from the accident scene and speak with witnesses. You may also want to consult with a lawyer who can help you identify the correct party to sue.
Rosenfeld Injury Lawyers outlines the stipulations for suing a commercial company. The general rule is that an employer can be held liable for the negligent acts of its employees if the employee was acting within the scope of his or her employment at the time of the accident.
Necessary Vs Permissive?
The next step is to determine whether the commercial company you are suing is necessary or permissive. A necessary party is one that is required to be sued in order for you to receive compensation. This can be difficult to prove, but if you can show that the company was negligent in hiring the driver or in maintaining the truck, then you may be able to sue them as a necessary party. A permissive party is not required to be sued but can still be held liable for damages. This is often easier to prove and will likely result in a quicker settlement.
The Process of Suing
Once you have identified the correct party to sue, you will need to file a lawsuit against them. This involves drafting a complaint and serving it on the company. The complaint will outline your injuries and damages and explain why you believe the company is at fault. The company will then have an opportunity to respond to the complaint. If they do not, the court may enter a default judgment against them.
Once the lawsuit has been filed, the discovery process will begin. This is where both sides will gather evidence to support their case. This can involve taking depositions, requesting documents, and conducting interrogatories. After discovery is complete, the case will either go to trial or be settled out of court.
Naming a Business Vs Naming a Defendant
When you are suing a commercial company, it is important to understand the difference between naming the business and naming the defendant. When you name the business, you are suing the company as a whole. This can be difficult to do because businesses are protected by limited liability laws. This means that they can only be held liable for damages up to the amount of their assets. When you name the defendant, you are suing an individual who works for the company. This is often easier to do because individuals do not have the same protections as businesses.
Going to Court
If there’s pushback from the commercial company, or if they don’t believe they should have to pay damages, the case may end up going to court. This is a process that can be long and complicated, so it’s important to make sure you have a lawyer who is experienced in litigating these types of cases.
When you go to court, the judge will hear from both sides and decide whether the company is liable for your damages. If they find that the company is liable, they will order them to pay damages. The amount of damages you receive will depend on the severity of your injuries and the extent of your losses.
Whether you litigate in court or settle matters outside of court, you will need to negotiate with the commercial company’s insurance company. This can be a difficult process, but it is important to remember that you are entitled to receive compensation for your injuries and damages.
The insurance company will likely try to lowball you by offering a settlement that is much lower than what you are actually owed. It is important to have a lawyer who can help you negotiate a fair settlement. If you cannot reach an agreement with the insurance company, then you may need to go to trial.
Suing a commercial company for a car accident can be complex, but it is definitely possible. If you have been injured in an accident, make sure to speak with a lawyer who can help you understand your legal options.