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You may have heard that Americans are sue-happy. Due to the fact that over 40 million lawsuits get filed each year, it might be true!
Either way, our legal system is set up to ensure disputes get handled by an impartial party. When you’re struggling for a resolution, you’re likely wondering — do I have a case? Do I need to speak with a lawyer?
If you’re asking yourself those questions, then you’re in the right place. Read on to get a better idea of whether you should seek out the court’s help or not.
Types of Civil Lawsuits
Lawsuits arise after a dispute between two people (or entities). Often, the argument is over money. The majority of cases involve some form of personal injury to one party. Despite that, there are a lot of different types of civil lawsuits including:
- Personal injury claims
- Wrongful death
- Landlord/tenant disputes
- Class action lawsuits
- Divorce and child custody cases
- Real property disputes
- Contract disputes
Here’s how a typical case works — first, one party suffers harm due to the actions of another. Then, the injured party files an official complaint with the court. This complaint initiates the lawsuit.
From there, both parties start to build their respective cases. The courtroom provides a date and time for both parties to have their arguments heard.
Once that day arrives, a jury or judge will hear both sides and make a final decision. While some cases do end up in court, most get resolved through negotiations.
Do I Have a Case? The Basic Elements of a Claim
So, how do you know if your situation has the elements of a lawsuit or not? The first thing you need to determine is if your scenario fits into one of the types of lawsuits above.
Next, you’ll need to take a hard look at your situation. Legal liability is key. Where there’s no liability, there’s no case.
Liability is a term that roughly means responsibility. So, who was responsible for your accident? Did someone else’s behavior, actions, or inaction lead to your losses? If so, then the court will likely hold them liable for the situation.
In most situations, the other person must have had a duty to provide for your care. Doctors, motorists, and property owners all have a duty to provide reasonable care.
Finally, you have to have provable losses. Your damages might be injuries, bills, lost wages, or emotional distress.
Weighing Your Options
So, do you have a case? It might be difficult to determine the answer without a lawyer’s help. Research reputable attorneys in your area, like Professional License Defense Lawyers. Then, request a consultation.
Your attorney should be able to tell if you have a case or not before you hire them.
To Sue or Not To Sue?
After reading this article, you should have a better understanding of lawsuits. Are you still asking yourself — do I have a case? If so, then it’s a good idea to speak about your situation with a lawyer. A good attorney can help you determine whether a lawsuit is in your best interests.
Are you looking for more helpful tips and tidbits to help you get through 2020? Keep browsing through our blog to stay informed and up-to-date.