Can You Sue a Corporation in Florida?
May 13, 2025 | Winters & Yonker Personal Injury Lawyers | Personal Injury
If you were injured in an accident and a corporation was responsible, you might wonder whether you can file a lawsuit against it. The short answer is yes, you may have the legal right to pursue compensation against the negligent corporation for your medical expenses, lost wages, and other damages, but the process is different.
An experienced lawyer can evaluate your situation, explain your rights, and help you with the process of notifying the relevant parties. Until then, read on for information you can refer to for your case.
Why Sue a Corporation?
In some situations, you may be able to sue a corporation even if an individual caused the injuries. For example, if you were injured in a car accident with a pizza delivery driver or slipped and fell in a store, you might be able to file a personal injury claim against the business rather than the individual who caused your injuries. In these cases, you may stand to receive a larger settlement if your case is brought against a party with big pockets rather than a worker.
Additionally, by filing a claim against the corporation, you may be able to bring about large-scale change to prevent someone else from enduring similar injuries. Employers are responsible for the negligence of their employees, based on the legal principle of respondeat superior. This legal concept explains that employers are liable for the monetary damages their employees cause while performing their job duties.
Types of Business Structures in Florida and What They Mean for Your Case
Florida recognizes various types of business entities. How the founder(s) has decided to establish their business impacts whether they will be personally liable for damages and debts of the company.
Sole Proprietorships
This is the simplest way to operate a business in Florida. If someone starts taking business and does not set up another business structure, the default is that the business is a sole proprietorship.
In this setup, there is no legal distinction between the owner and the business. Suing the business is accomplished by suing the owner. The owner has no protection from personal liability.
Partnerships
A partnership involves ownership by two or more people who own a business together. They share the business’s profits and losses. The partners are liable for the full extent of the business’s liability.
General Partnerships and Limited Partnerships
Partners divide rights and responsibilities equally with this arrangement. Each partner is responsible for the others’ debts and obligations.
In limited partnerships, general and limited partners are involved. The personal liability of limited partners is limited to what they have invested in the property. General partners are responsible for managing the business.
Corporations
Corporations are separate legal entities and are legally distinct from their owners. Corporations must follow formalities to be legally created and shielded from personal liability. In some circumstances, however, it may be possible to pierce the corporate veil and hold its shareholders liable. Corporations can also sometimes be held liable for their officers’ actions.
Limited Liability Companies
A limited liability company provides protection to business owners from personal liability, but it does not have to follow the formalities of establishing a corporation.
Filing a Lawsuit In Florida Against a Business
Filing a lawsuit in Florida will first require you to identify the proper party in your legal complaint. This information is included in the caption of your case. You must also identify the corporate entity. You will name the following in your legal paperwork, based on the type of business:
- Sole proprietorship: Owner, not the fictitious business name
- Partnerships and general partnerships: The names of all partners
- Limited partnerships: The names of the general partners
- Limited liability companies: The name of the business
- Corporations: The name of the business
Florida law requires all businesses to have a registered agent who can receive legal paperwork and service of process. You can find information about the name and address of the registered agent on the Division of Corporations website.
Contact a Tampa Personal Injury Lawyer from Winters & Yonker Personal Injury Lawyers for Help With Your Case Against a Corporation
If someone’s negligence caused your injuries and the corporation is legally responsible, an experienced personal injury lawyer can help you pursue the fair compensation you deserve. Contact an attorney today to get started with a free consultation.
For more information, please contact Winters & Yonker Personal Injury Lawyers to schedule a free consultation with a personal injury lawyer in Tampa today. We have five convenient locations in Florida, including Tampa, Clearwater, St. Petersburg, New Port Richey, and Lakeland.
We proudly serve Hillsborough County, Pinellas County, Pasco County, Polk County, and its surrounding areas:
Winters & Yonker Personal Injury Lawyers – Tampa Office
601 W Swann Ave, Tampa, FL 33606
(813) 223-6200
Winters & Yonker Personal Injury Lawyers – Clearwater Office
600 Bypass Dr Suite 224-D, Clearwater, FL 33764
(727) 493-4418
Winters & Yonker Personal Injury Lawyers – St. Petersburg Office
111 2nd Ave NE Suite 350, St. Petersburg, FL 33701
(727) 314-5988
Winters & Yonker Personal Injury Lawyers – New Port Richey Office
5006 Trouble Creek Rd Unit #200, Port Richey, FL 34652
(727) 910-5060
Winters & Yonker Personal Injury Lawyers – Lakeland Office
1543 Lakeland Hills Blvd Suite 18, Lakeland, FL 33805
(863) 251-6196
