A lawsuit can be defined as a civil action brought in a court of law in which a plaintiff sues a defendant for damages resulting from an alleged injury or wrong. Lawsuits are often complex and time-consuming, so it’s important to understand the basics before getting started. So, if you’re considering filing a lawsuit here are 3 common types explained.
Breach of Contract
A contract is an agreement between two or more parties to do or refrain from doing something.
To illustrate a breach of contract, let’s say you had as part of your employment contract that your employer agrees to pay for your senior living facility when you retire. But when you retire, your employer refuses to pay. In this case, your employer has breached the contract.
To win a breach of contract case, you will need to prove that:
- There was a contract.
- The other party breached the contract.
- You suffered an injury or loss as a result of the other party’s breach of contract.
Medical Negligence
Medical negligence, also known as medical malpractice, occurs when a healthcare professional, fails to provide adequate care and causes injury or death to a patient.
To win a medical negligence case, you’ll need to prove that:
- A duty of care is owed. A duty of care is the legal obligation of one person to take reasonable care to avoid injury or loss to another person.
- The duty of care was breached. A breach of the duty of care occurs when the person who owes the duty fails to take reasonable care to fulfill the duty.
- You were injured or suffered a loss. You will need to show that you suffered some form of injury or loss as a direct result of the other person’s breach of duty.
Product Liability
Product liability is the legal responsibility of a manufacturer, distributor, or seller to compensate consumers for injuries caused by defective products. Product liability laws vary by state, but generally, a product is considered defective if it is not safe for its intended use.
To win a product liability case, you will need to prove that:
- The product was defective. You will need to show that the product had a design, manufacturing, or warning defect that made it unreasonably dangerous.
- You were using the product as intended. You cannot win a product liability case if you were using the product in a way that it was not intended to be used.
- The defect caused your injury. You will need to show that if the product had not been defective, it is unlikely that you would have been injured, and that you suffered as a direct result of said defect.
Lawsuits can be brought about for many different reasons. If you believe you have a case, it is best to consult with an experienced attorney to discuss your legal options. You could be entitled to compensation.
