If a business (or one of its employees) harmed you, you might be considering suing it. However, can you sue a corporation in Maryland? The answer is usually “yes,” but the process can be complicated. Here is everything you need to know about suing corporations in Maryland.
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When Would You Sue a Corporation in Maryland?
Businesses get sued every day for various legal matters, including breach of contract claims and claims from current or former employees. Corporations can also be sued when they or their employees are negligent.
Some examples of situations that could make a personal injury claim arise against a corporation include:
- You are injured by a defective product made by the corporation, such as airbags or a self-driving car.
- You are injured in a car accident, and the driver at fault was working at the time of the accident.
- You suffer anesthesia injuries while receiving treatment at a hospital.
- You are injured in a trucking accident and are suing the trucking company.
- Your insurance company refuses to act in good faith when handling your accident claim.
- Your loved one suffers bedsores while living in a nursing home.
- You are injured in a taxi accident and suing the taxi company.
- You slip and fall while at a business.
- The building collapses where you are visiting, and you are suing the construction company.
- Your child is injured at daycare, and you are suing the daycare.
- Your loved one dies because of the negligence of a business, and you are suing for wrongful death.
Businesses can be sued like regular persons. They can be held responsible for their own forms of negligence, such as hiring unqualified workers or failing to correct hazardous conditions that injure others. They can also be sued when their employees act negligently under the legal doctrine of vicarious liability. An experienced personal injury attorney can review your case and explain whether a corporation or other business entity can be sued.
How To Sue a Corporation in Maryland
Suing a corporation in Maryland can involve more steps than suing a regular person.
Obtain Legal Information About the Business
When you file your lawsuit against the business, you must ensure that all the information is correct. Start by looking up the business’s legal name on the Maryland Secretary of State’s website. Write down the name exactly as it appears on its legal filing. You must use the business’ official registered name, not the “doing business as” (DBA) name.
Also, look for information about the “registered agent.” This is the person you will be sending your complaint to. Write down the type of business it is.
Prepare a Complaint
To begin a lawsuit, you will need to prepare a complaint. This is best left to an experienced attorney. Your complaint sets out key information about your case, including:
- Details about the accident and how you were injured
- The date and time of the accident
- Information about the business’ structure
- Information about jurisdiction and why the court you are filing your complaint in is the right court
- The legal relief you are requesting
At the top of your complaint, you will indicate that the corporation is the defendant. However, if you find out that the business is not a corporation, this will change how you caption the case and identify the business in the complaint. Here are some guidelines for different types of business structures:
- Sole proprietorship – Name the owner of the business and the business name, such as “John Doe d/b/a Doe’s Widgets.”
- General partnership – Name all partners and the name of the business, such as “John Doe and Sarah Doe d/b/a Doe’s Creations.”
- Limited liability partnership – Name the business and all general partners, such as “John Doe d/b/a Doe’s Creations.”
- Limited liability company – Use the full registered name of the business, including abbreviations like LLC.
- Corporation – Use the full registered name of the business, including Inc. or other abbreviations.
Below the business name, you will write “serve on resident agent” and provide the registered agent’s name and address.
Once your complaint is ready, you can file it at the circuit court in the county where the dispute arose or where the business is located. A lawyer can help with this process to ensure you do not make any mistakes that could harm your case or prevent you from getting the relief you are requesting.
Fill Out Other Forms
You will need to fill out other forms required by the court, such as a case information sheet in which you must accurately indicate the type of business entity you are suing. You will also need to complete a summons, which notifies the defendant of the case and gives them a time limit to respond to the complaint to avoid a default judgment.
You file these papers with the court and pay the filing fee.
Serve the Registered Agent
Finally, you must have the registered agent legally served with the court papers. You can serve the resident agent by sheriff, private process, or certified mail. You will need proof that you properly served the defendant.
Discuss Your Situation With an Experienced Baltimore Personal Injury Lawyer During a Free Consultation
If you were injured in an accident and want to sue a corporation, WGK Personal Injury Lawyers can help. We have decades of experience suing at-fault parties, including corporations. We can guide you through the legal process. Contact our personal injury lawyers in Baltimore, Maryland, today at (410) 837-2144 for a free case review.
