Why do people sue

These may include the following…. You can litigate against an entity who has committed some negligent action through which you suffer an injury. For instance, if you get sick after dining at a restaurant or you get injured when shopping at a mall because of a loose board or broken piece of glass that the management should have taken care of. You can litigate for justice if you feel that an entity is encroaching upon your real or personal property.

For instance, if your neighbor has built a shed that covers a section of your land, you have the right to sue him in a court of law and request that he remove it. People often set up trusts and entrust their property to the management of trustees or fiduciaries to act in their best entrusts.

They may set up trusts for the care of their children or grandchildren in the event of their death. As the beneficiary of the trust, you can litigate in a court of law and request that the trustees are replaced if you feel that they are not competent enough to manage the financial or property trust.

Given that around half the marriages in the US end in divorce, you can litigate against your spouse in a court under family law. These processes are designed to ensure that the partners in the marriage settle the issue in a fair and equitable manner, especially if there are children involved.

One day life is good, and the next, someone is taking you to court. This statement accurately depicts the subjective experience of many people who were blindsided by litigation. Lawsuits often happen because of an accident or a mistake. To the defendant, its unexpectedness does make it seem as though it came from out of the blue.

So why do lawsuits happen? Why do people sue? Here are three common reasons:. If the mail delivery person slips on black ice that was created by water runoff from your basement sump pump of which you were aware but did nothing about , then your negligence set the conditions for the accident. If someone suffers an injury on your property but has the situation under control, that is, his health insurance is taking care of the medical expenses, he is able to work via crutches, and expects a full recovery, the person may choose to sue anyway.

He makes this choice because his prospects of winning sizable damages are good. The Internet is filled with law firm websites that advertise their areas of practice.

Many have blogs that educate the public on why they should pursue a lawsuit and how to go about it. These lawyers provide free initial consultations and take their fee from the damages should they win the case.

For some individuals, the opportunity is irresistible. This often happens because the defendant mishandled the incident that led to the lawsuit.

For example, suppose your dog bites a pedestrian on the street. The pedestrian becomes furious and freely vents his anger toward you. You react in kind and get into a heated argument with the victim. Your handling of the incident gives him a powerful emotional motivation to go through with a lawsuit: anger.

As he explained to Sue when he ruled for the landlord, the legal situation she faced was little different than it would have been if her car had been damaged on the street. Now let's take this same situation, but change a few facts. Let's assume the lease Sue signed with the landlord stated that Sue would be assigned a parking place in a "secure garage. Finally, let's assume that Sue and other tenants had asked the owner to fix the lock the day after it broke, but that he hadn't "gotten around to it.

The landlord made a contractual promise to the tenants to keep the garage locked and then failed to keep it though he'd had plenty of time to fulfill his obligation. The breach of contract allowed the thief access to the car. The same logic applies to defendants. To defend a case well, a defendant needs to understand the essential legal elements of the case the plaintiff is attempting to prove. Once armed with this information, the defendant will be in good shape to try to convince the judge that at least one essential legal requirement is missing.

Check your state's small claims court rules. Many small claims courts limit the types of cases they will decide in addition to restricting the dollar amount of damages you can claim.

For example, Rhode Island's small claims court only allows breach of contract claims and claims by consumers for damages connected with retail products or services. Ask your small claims court clerk or review your small claims court's rules to make sure your type of case can be heard.

The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site.

The attorney listings on this site are paid attorney advertising. In some states, the information on this website may be considered a lawyer referral service. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Grow Your Legal Practice. Meet the Editors. From bad debt to nuisance to breach of contract, understand the legal basis of your case before you sue.

You may be led to believe that all you will need to be able to do is: briefly state the nature of your dispute organize any evidence and witnesses you think will help back up your version of events come to court on time be polite, and let the judge decide if your case is any good.

Below is a list of the most common legal theories for small claims court cases and what you need to prove to establish each one. Before deciding to sue, you should consider whether the facts of your case fit the requirements of at least one of them.

Unfortunately, the mere fact that you have suffered a trauma at the hands of another person does not automatically entitle you to a legal judgment. The law must support your contention that you were harmed by the illegal actions of another.

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