An Introduction to Varying Lawsuits
When it comes to taking legal action, it’s not only important to know whether or not you should be pursuing a lawful claim, but what necessary type of action you should be seeking. A lawsuit in particular is a legal action that pertains to civil cases, those in which one individual wishes to gain recompense from another who is at fault.
The person taking legal action by way of a lawsuit is known as a plaintiff, and is usually hoping to gain compensation in the form of money, property, or any other equitable solution. The aim of a lawsuit is to award the plaintiff the means to assist with any losses or damages that may have been obtained as a direct result of the actions of a third party – typically referred to as a defendant.
A lawsuit also has the capability to restrict certain actions between two parties, to ensure that further issues can either be avoided or prevented completely, and often offer a suitable resolution between conflicting bodies. As a lawsuit can help to address a number of civil issues it is essential that you move forward with the right claim for you needs, so let’s take a look at the types of lawsuits available.
Tort (Negligence) Actions
The most common lawsuits pertain to tort (negligent) actions. The legal term for damages and injuries incurred by the negligent actions of a third party, a tort is used in situations where civil accidents could be avoided by better human practices.
Tort lawsuits are usually brought against those involved in motoring accidents, accidents in the workplace and even against those manufacturing and supplying faulty or defective products. This means that if you are injured by the actions (or negligent inaction) of an individual or business, you are able to file a tort action to regain any costs incurred as a direct result of those instances.
Cases that relate to medical malpractice and pharmaceutical negligence will also be classified as tort lawsuits, so it is important to define what negligent events have occurred. In terms of medical malpractice; tort lawsuits are necessary when a patient is harmed by the negligent acts of a medical professional. Any licensed medical practitioner who fails to perform medical duties in a right and competent fashion will be liable for a tort lawsuit.
At the same time, the specific event of pharmaceutical negligence must be clarified before proceedings are undertaken. Incidents generally include:
- Deliverance of the wrong medication
- Incorrect dosage – either over or under
- Incorrect units of dosage or instructions of dosage
- Incorrect patient information
- Failure to locate and recognize potentially dangerous drug interactions
- Incorrect labeling on prescriptions
- Lack of supervision of technicians by the pharmacist
- Lack of proper technician training within the pharmacy
- Failure to issue correct medical counsel to patients when necessary
Pharmaceutical negligence falls into the category of personal injury law, so in the event of these types of cases or in the event of medical malpractice, you must first be aware of the standardized regulations in accordance to your current location too – as they will to vary from state to state.
Breach of Contract Actions
Breach of contract lawsuits are necessary for instances of civil law where the provisions of a contract have been broken. Events such as defective merchandise and contractors or clients failing to adhere to stated requirements are all classed as contract-based legal actions. Contractual breaches are usually considered to be either anticipatory or actual, and then as either minor or material.
An actual breach of contract occurs when one side of the contracted party fails to fulfill their side of a set agreement (by missing deadlines, ceasing work, or performing incompletely), whereas anticipatory breaches relate to the early disclosure of a failure to perform specific contracted functions.
The nature of the breach in question is then either classed as minor or material. In terms of a minor breach (or a partial breach), one party may have failed to adhere to every aspect of the contract in question, while still delivering the final result. A minor breach of contract is usually necessary in cases where the final product or service is satisfactory, but the processes leading up to that point were not. Alternatively, material breaches of contract are defined when the client is presented with something significantly different from the intended final product or service.
Family Law Actions
Family law actions are another common form of lawsuit to be filed. In family court, events such as divorce arrangements, child custody issues, guardianship, alimony concerns, visitation rights and child support cases are all in the spotlight – whether or not the involved parties are (or have ever been) legally married .
Family law actions can also work to enforce and ensure proper care practices for family members that have been affected by child and spousal abuse – and in certain cases can be extended to law practices pertaining to family members that are physically or mentally unable to care for themselves.
Private Nuisance Actions
Lawsuits pertaining to private nuisance may seem unnecessary, but due to the rise in a number of interpersonal events, the need has grown for lawsuits that deal with continued unpleasant everyday occurrences. For an event to qualify as a private nuisance, certain criteria must be met. For example, you can’t take out a lawsuit against a neighbor’s dogs general barking, but you will be able to seek legal action if said dog is repetitively causing a nuisance during unsociable hours, and if you can prove specific upset or injury caused as a direct result of the noise.
Private nuisance lawsuits can be applied when there is outside interference relating to businesses and commercial properties, in the form of disconcerting noises, strong smells, neighborly misconduct, or even physical hazards that are allowed to cross over specific property boundaries. Private nuisance actions will not be brought against incidents of a singular or isolated nature – nor will they be held in high regard for events where the continued discomfort of the plaintiff cannot be verified.
Taking a Lawsuit to Court
Before you decide to move forward with a lawsuit, consider whether or not you have reasonable grounds to take a case to court, and whether or not you have the rights against the person or business you’re dealing with. A good lawyer will present a “cause of action” to you, which is a short list of elements that your case is legally required to possess. This will help you to define whether or not you understand what you are filing your claim for.
To be able to successfully file a lawsuit in court, you will have to be directly affected by the events to which you are claiming against. This means that you have to have suffered personally at the hands of the defendant, and are not standing on the behalf of somebody else.