Types of Lawsuits and types of damages
You feel taken advantage of. You’re not sure what type of lawsuit this would be. Ten of the most common lawsuits for money damages follow to help guide you to your type.
Debt collection lawsuit (bad debt)
In a debt collection lawsuit you must prove the debt exists, its amount, when payment was due, and that the person you are suing has not paid or has only partially paid.
Breach of contract lawsuit (broken contract)
In a breach of contract lawsuit one or more terms of a valid contract (written, oral, or implied) has been broken by one party resulting in damage to another. Be sure to review any written contract for a dispute resolution provision.
- Negligence lawsuit. A negligence lawsuit arises when someone causes damage to another by the failure (by an act or omission) to behave with the level of care that someone of ordinary prudence should exercise under the same circumstances, i.e., a car accident lawsuit.
- Lawsuit against a landlord. A lawsuit against a landlord could be for the landlord increasing rent beyond what is legally allowed, the landlord fails to provide ‘habitable conditions’ (breach of warranty of habitability), the landlord wrongfully withholds the security deposit, the landlord wrongfully evicts the tenant, and so on. There are many tenant protection laws that must be adhered to.
- Product liability lawsuit. Damage caused by a defective product. Proof of negligence is not required for this type of strict liability (liability without proving negligence).
- Malpractice lawsuit. A malpractice lawsuit arises when a client is damaged by a professional’s failure to conform to the standard of care in that profession. Often the best first step is to contact the board that licenses the professional.
- Breach of warranty. Beach of warranty is a monetary loss resulting from a merchant’s failure to honor a written or implied warranty, i.e., a new or used car suffers mechanical problems while under warranty and the vendor fails to honor the claim.
- Defamation of character lawsuit. Defamation of character is a false statement that injures the reputation of a person or business. There are two types of defamation: libel (a written statement) and slander (an oral statement). To prove a defamation case, you must show that the other party said or wrote something untrue about you or your business, that others heard or read and understood it was about you, and that it damaged your reputation.
- Real estate dispute. A real estate dispute is any matter related to real estate that causes damage. Neighbor’s tree is growing over the fence or getting in the way of your ocean view, easement rights are exceeded, seller failed to disclose or misrepresented known material facts. Be sure to review any written contract for a dispute resolution provision.
- Misrepresentation/Fraud. Misrepresentation is a false or misleading representation or omission of a material fact. The misrepresentation rises to the level of fraud when it is made with an intent to deceive. For instance, a car dealership misrepresents condition, features, tosses numbers into the contract without disclosure, and so forth.
See Calculating Damages Coach to take these important steps or leave it to Lawsuit Analyzer©
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