Filing a lawsuit is a way of seeking justice for many people. If someone has committed a wrongful act, a lawsuit is a chance to hold them accountable. It’s also a chance to receive financial compensation for any damage they’ve caused – mental, physical, emotional or financial.
There are many different grounds over which you can sue someone. This post delves into the 12 most common reasons for filing lawsuits and the evidence you need in each circumstance.
Medical malpractice
Medical malpractice occurs when a healthcare professional acts negligently and causes inadvertent harm. There are a few different situations that could count as medical malpractice:
- Incorrectly diagnosing a condition
- Prescribing the wrong medication or the incorrect dose
- Making mistakes during a surgical operation that cause further harm, such as leaving medical tools in the body
- Causing injuries to you or a baby during childbirth that lead to permanent disfigurement or disabilities
To prove that medical malpractice occurred, you must prove that inappropriate care was provided and that you experienced loss or harm. There are legal firms that specialise in medical malpractice that can help you build a case.
Slip and fall injuries
Slip and fall injury lawsuits are the most common of all the personal injury claims that can be made. You may qualify for compensation if you have slipped over or fallen and injured yourself due to someone else’s negligence. Examples include:
- A spillage in a supermarket that was not cleaned up
- Tradesmen or cleaners leaving tools on the ground or trailing cables across a walkway
- Failure to remove snow or ice from a public walkway
- Inappropriate protection provided when working at heights (such as no harness or railings)
There are many law firms dedicated to this type of lawsuit. This includes services specialising in specific incidents like supermarket slips and falls, as found at sites like injuryclaims.co.uk. Evidence such as CCTV footage, witness statements or proof of injuries will help your cause.
Road accidents
Injuries or death caused by the reckless behaviour of other road users can also be grounds for a lawsuit. Almost half a million motor accident claims are filed every year. This includes:
- Car accidents
- Motorcycle accidents
- Lorry accidents
- Bicycle accidents
Most road accident claims are personal injury claims for car accidents, and most claimants sue for whiplash. You must be able to prove that you or a loved one was harmed during an accident that wasn’t your fault. Damage to a vehicle is usually covered in an insurance claim, but it is also possible to file a legal claim in some cases. Specialist lawyers can help you with road accident claims.
Property damage
If someone’s negligent actions lead to your property being damaged, this is also a good reason to sue. Many lawsuits are filed each year due to people’s property being damaged. Examples of incidents can include:
- A landscaper cutting down a bush or tree that causes damage to your home or car as it falls
- A kid kicking a football through your window
- Someone causing a fire, which ends up causing fire damage to your home
You must be able to prove that the person you are suing caused the damage, which must be so great as to warrant a lawsuit. The compensation asked for is typically equal to the cost of repairs. Property insurance or public liability insurance can sometimes cover these claims.
Breach of contract
Regarding lawsuits against businesses, breach of contract lawsuits are among the most common examples. This is when a company makes a promise in writing that they don’t keep. Some examples of breach of contract lawsuits include:
- Failing to deliver a product or provide a service by an agreed deadline
- Charging fees that weren’t agreed in the contract or not returning a deposit
- Providing a product that doesn’t meet agreed specs or standards
Having proof of the contract is key in this instance. An official contract in the form of a legally signed document is the best form of evidence, however it’s also possible to use emails and texts as proof.
It is also possible to sue customers for not paying up or failing to pay by an agreed date. However, payment notices and attempts to use debt collectors may be required before such an issue can be taken to court.
Defamation
Defamation occurs when someone publishes a false statement, damaging your reputation. It is typically categorised into one of two forms:
- Libel: A written or broadcast statement made permanent when published online or in a book.
- Slander: A spoken or gestured statement that may only be temporary.
When suing for defamation, it is important to provide evidence that a) the statement is not true and b) the statement has caused financial loss or damage (in the case of slander). There are defamation lawyers who specialize in this field and can help you collect the evidence you need.
Wrongful termination
One of the most common lawsuits filed against employers is a wrongful termination lawsuit. This is when an employer violates the law or contract terms when firing an employee. You may be able to file a successful wrongful termination lawsuit if:
- An employer has fired you without providing any warnings or considering your notice period.
- An employer has fired you based on false hearsay from a colleague
- An employer has fired you for discriminatory reasons such as disability, religious beliefs, sexual orientation or pregnancy
You must provide proof that an employer was not in the right to dismiss you. A copy of the contract can be one of the best forms of evidence if they have breached their contract. Witness statements may be another option.
Discrimination
Discrimination is legally defined as when someone treats you unfairly due to a protected characteristic. Characteristics that are protected include age, sex, race, sexual orientation, religion, pregnancy or maternity. Examples of discrimination can include:
- An employer not hiring you
- A cashier refusing to serve you
- Offensive or humiliating remarks
To prove discrimination, you must prove that you were poorly treated for a protected characteristic and not another reason. You may have to rely on witness statements if you have not recorded evidence of discrimination. This guide at equalityhumanrights.com delves more into what is classed as discrimination.
Harassment
Harassment is another common reason for filing a lawsuit; it can cover many different actions. Legally speaking, it is defined as behaviour that causes alarm or distress. This can include:
- Bullying
- Stalking
- Threats
- Constant texts, emails or phone calls
- Unwelcome sexual advances
As with other legal claims, you must have some form of evidence. This can be difficult if it is a verbal incident with no unbiased witnesses. Text, audio or video proof is the best form of evidence.
Unpaid wages
You can sue an employer if they fail to pay you your wages. This can come under breach of contract and be used to support a wrongful termination case. A lawsuit involving unpaid wages could include:
- An employer failing to pay you by an agreed date
- An employer not paying you the agreed amount
- An employer failing to pay certain benefits
You must have proof that you have not been paid your wages correctly. Your employment contract is likely to be the best form of proof. If you were not given a contract, such a case could be harder to prove.
Intellectual property disputes
Intellectual property is a term used to describe creations that are not physically tangible but still protected. It can include properties such as:
- Inventions and designs that are protected by patents
- Names and images that are protected by trademarks
- Literary and artistic works that are automatically protected by copyright
If someone uses your intellectual property without permission, you may be in your right to sue them. This could include using your trademarked company name to sell products without your permission or even using a photo you took and putting it on their website without permission. You must prove that you did not give them permission or that the intellectual property has been used for malicious unagreed purposes.
Abuse/neglect
Abuse and neglect are criminal offences for which a person can be fined or imprisoned. However, filing a lawsuit is also an option. This may be preferable if you cannot prove anything illegal occurred or you do not want to convict them of a crime. Abuse or neglect cases that often involve lawsuits include:
- Abuse you may have suffered as a child by a parent or teacher
- Abuse or neglect directed towards a pet by a spouse or petsitter
- Abuse or neglect committed against a senior loved one in a nursing home
Many different incidents can be classified as abuse or neglect. It is worth talking to a lawyer to determine whether you have a case and ample evidence. Don’t be afraid to file criminal charges if you feel the abuse or neglect is severe enough.