How Can I Sue a Company?

Your Guide to Winning Legal Action in New York

Facing off against a big company can feel overwhelming. You're angry, confused, and unsure if you stand a chance. It might seem like you're David going up against Goliath. The emotional toll is real from lost time, stress, financial strain, and maybe even physical pain. You didn’t ask for this battle, but here you are.

Here’s the thing: you do have power. Whether nationwide giants or local operations, companies are not above the law. If you’ve been wronged, whether it’s through negligence, discrimination, or fraud, you have a legal path forward. You're not alone, and you're not powerless.

At Horn Wright, LLP, our attorneys are ready to help you hold corporations accountable and get the compensation you deserve. As one of the best law firms in America, we've helped countless individuals just like you. When companies fail to play by the rules, we step in to demand justice. Our goal is simple: give you a voice, take the pressure off your shoulders, and fight for what’s right.

Step 1: Do You Actually Have a Case?

It's Not Just About Being Mad—It's About the Law

Getting frustrated with a company doesn’t mean you automatically have a lawsuit. The law requires more. You must prove that the company had a legal duty toward you and failed to meet that duty. That failure needs to have caused you measurable harm, i.e., financial loss, physical injury, emotional distress, or property damage. The clearer your evidence, the stronger your case.

Let’s say you slipped on a wet floor in a New York grocery store that didn’t post any warning signs. If you broke your wrist and missed work, that’s grounds for a personal injury lawsuit.

Types of Cases Often Filed Against Companies:

Personal Injury: Slip and falls, injuries on business premises, or accidents involving company vehicles.
Defective Products: Malfunctioning electronics, tainted food, or unsafe toys that lead to harm.
Employment Discrimination or Harassment: Being denied a promotion due to race, gender, or age, or enduring a hostile work environment.
Breach of Contract: A company failed to deliver on the terms of a signed agreement.
Consumer Fraud and False Advertising: You were misled by a company's marketing or sales practices and suffered financial losses.

Quick Check:

Did the company’s actions or inactions directly cause your harm?
Can you prove damages, like lost wages, medical bills, or repair costs?
Are you within New York’s statute of limitations? (Most civil cases must be filed within 3 years.)

Step 2: Get Clear on Who You're Actually Suing (It's Trickier Than You Think!)

Identifying the Correct Legal Entity

You might think you’re suing the brand you see on the sign, but legally, it’s not that simple. You need to sue the proper business entity. That means figuring out if you're dealing with a corporation, LLC, partnership, or sole proprietorship. Each is legally distinct.

Let’s say you had an issue with a Subway sandwich shop in Brooklyn. Is it owned by Subway HQ? Probably not. Most fast-food restaurants are franchised, meaning they’re run by independent operators who own a legal entity like “XYZ Franchise Group LLC.” That’s who your lawsuit must name.

In New York, the easiest way to verify a business’s official name and structure is through the New York Department of State Business Entity Search.

Avoiding Common Mistakes

Don’t just write "Starbucks” or "CVS" on your legal paperwork. Find out which entity owns and operates the specific location involved in your complaint. Getting this wrong can delay your case, or even get it dismissed outright.

Step 3: Picking the Right Court and Location

Jurisdiction & Venue Explained in Plain English

You’ve got a claim. You know who to sue. Now, where do you file?

In New York, this depends on a few things:

Where the incident occurred.
Where the company does business.
Where you live.

For larger claims (more than $25,000), you’ll likely file in the New York Supreme Court, which despite the name, is the state’s main trial court. If your claim is for less, say, under $10,000, you might be eligible to file in Small Claims Court.

Pick the wrong court, and the judge may toss out your case before it even starts. Always double-check the filing rules for your county.

Step 4: Filing the Lawsuit: Yes, Paperwork Matters a Lot!

Drafting Your Complaint Clearly and Persuasively

Your Complaint is your story told in legal terms. It lays out what happened, why you believe the company broke the law, and what you want in return (usually money, but sometimes injunctive relief).

You don’t need to sound like a lawyer, but your facts must be clear, detailed, and accurate. Include dates, locations, and descriptions. Avoid vague claims like “the company was rude.” Instead, describe specific actions and explain how they led to real damages.

Paying Filing Fees and Obtaining an Index Number

Once your complaint is ready, you’ll need to file it with the court clerk. In the New York Supreme Court, this comes with a filing fee of $210. In return, you’ll get an index number, which acts like your case’s tracking code.

Timing is critical. Don’t wait too long, or you may miss the legal deadline to file. If you're close to that limit, submit your complaint right away to preserve your rights.

Step 5: Serving the Company (A Step You Can't Skip)

Understanding Service of Process

After filing, it’s your responsibility to notify the company that they’re being sued. That’s called “service of process,” and it’s not optional. Without proper service, your case may never move forward.

You’ll need to locate and serve the company’s registered agent, i.e., the person or business designated to receive legal notices. If you're suing a New York-based company, this information is available through the New York Department of State.

Quick Bullet Points:

Find the registered agent using the New York Department of State Business Entity Search.
Serve papers via certified mail, personal delivery, or a licensed process server.
Get and keep proof of service (like an affidavit or signed receipt).

Step 6: What Happens After Filing

Company’s Response and Common Defense Tactics

Once served, the company typically has 20–30 days to respond. That response could be an answer (agreeing or denying your claims) or a motion to dismiss. Many companies try to get lawsuits thrown out early by arguing you didn’t follow procedures or that the court lacks jurisdiction.

Some will stretch out the process with delays, hoping you’ll give up. Don’t. When you’re prepared for pushback, you’re in a better position to keep moving forward.

Discovery, Depositions, and Court Conferences

Next comes discovery, the legal term for evidence-gathering. Both sides exchange documents, email threads, contracts, and more. You may need to sit for a deposition, where the company’s lawyer asks you questions under oath. Your attorney can also question their witnesses.

Judges may schedule court conferences to check progress and encourage a resolution. It’s not glamorous, but these steps are where many cases are won.

Step 7: Considering a Settlement

Why Companies Often Prefer Settlement

Companies hate bad press. They also hate paying big legal bills. That’s why many will propose a settlement, i.e., a financial offer to end the lawsuit without going to trial.

You may be tempted to say yes immediately, but take your time. Make sure the offer fairly reflects your damages, including future medical costs or missed income.

Assessing When Settlement Makes Sense

Sometimes, a solid offer saves you months of stress. Other times, holding out can result in a much better outcome. Your attorney will help you understand the trade-offs.

Quick Insight Bullet Points:

Compare the offer to your total damages (not just medical bills).
Factor in trial risks, delays, and emotional toll.
Ask: Does this settlement truly make you whole?

Step 8: Going to Trial When Negotiation Fails

What to Expect During Trial

If settlement talks break down, it’s time for court. Expect jury selection, opening statements, witness questioning, and closing arguments. Your attorney presents your side; theirs does the same.

At the end, the judge or jury decides if the company is liable and what you’re owed.

Potential Outcomes and Appeals

Winning could mean a financial award, or it might result in a court order requiring the company to stop a harmful practice. But even a win can be followed by an appeal.

An appeal doesn’t mean you lose. Instead, it means the legal fight isn’t quite over. Your attorney will explain what to expect if it comes to that.

With Horn Wright, LLP, You're Not Alone in This Fight.

Suing a company isn’t something most people ever plan to do. But when your rights are violated, it’s one of the most powerful tools you have. Justice isn’t always fast or easy, but it is possible. With knowledge, preparation, and strong support, you can stand up to corporate wrongs and come out stronger.

If you're ready to take action, Horn Wright, LLP is here to help. We know New York law inside and out. Our team is committed to your success and prepared to guide you from start to finish.

Contact our offices today for a FREE consultation.