If you are looking into filing a lawsuit against a company, you must be able to prove three things.
Firstly, you need to establish what happened. Secondly, prove that you suffered injury at the hands of the company. Finally, you need to demonstrate that negligence or wrongdoing contributed to your injury.
The company will be liable if you can prove those three points, and they will have to compensate you for the damages.
However, it is important to appreciate that filing a small claim like this will incur costs which you should be aware of before doing so.
What does it cost to sue a company?
With small claims cases, one of the big selling points is that you don't necessarily need a lawyer because the maximum claim you can make is £10,000 in England.
You will have to pay court fees, which will vary in size depending on how much you're looking to claim and whether you're filing it online or by paper.
The fees can range from £25, to lodge a claim online of up to £300, to £455 for a claim of £10,000 done with a paper form.
If you win your case, the other side may have to cover some of your costs. However, if you lose you could end up having to fork out even more.
Another potential cost is if you decide you want legal representation or expert support for your case.
How much can you claim?
The actual amount that you can attempt to claim varies quite significantly depending on your location. For example, in England and Wales the most you can attempt to claim is £10,000. This figure falls to £5,000 in Scotland and just £3,000 in Northern Ireland.
There's also a time limit to bear in mind. You'll need to issue your claims form within six years of the incident, or five if you live in Scotland.
What are the main reasons for suing a company in the UK?
Discrimination
Unfortunately, discrimination does still happen today. It can be an extremely upsetting experience to go through as an individual.
Discrimination can happen in the workplace, for example, if you are not hired for a particular reason in an interview, or, if you have experienced harassment in your workplace.
Employment law
You may have experienced unfair dismissal if your employer has not gone through the formal procedures required to dismiss someone. You can then sue your employer for reimbursement or reinstatement of your position.
The evidence required to prove your case will include the details of all communication you have had with your employer regarding the dismissal.
Personal injury
After experiencing a personal injury, you may be left unable to work. This may come with a long recovery period that have after-effects and lasting consequences. You may be injured at work, on a private property or by a faulty product you have purchased.
The court will scrutinise the evidence you present to determine how and why the accident or incident occurred. This is so they can figure out where the blame falls.
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