What Can You Sue Someone For?

Fri, Feb 12, 2016

Personal Injury

8183706133_472b26cf4a_bThese days it seems like you can sue anyone for anything. But can you really? Or is that just an exaggeration?

It’s easy to decide to sue someone. Your drink was too hot, too cold, yucky, or the wrong one. I’m going to sue! Yeah, well good luck spending a lot of money for little reward or even getting a case filed in the court system.

If you got sick or seriously injured due to someone else’s negligence, then you might have a case. However, you can’t just easily sue someone without expending money and effort. You will have to prove that there was negligence on the other person’s part and that you were seriously affected by it. Sometimes it takes more than that, depending on what a judge might think.

Some situations where it might make sense to sue are car accidents, valid slip and falls, grievous injury, medical malpractice, negligence of all sorts leading to serious illness or death, intentional damages, or serious damage to your reputation. Do not mistake this for an all-inclusive list, but just some ideas. These ideas are based on the seriousness factor, the ability to prove it, the ability to win, and the ability to have the effort produce an award.

Because what it comes down to many times is the ability to win. We have seen all sorts of movies where noble causes are sued for, and sometimes it is important to take a stand. However, the average person needs to consider if their lawsuit would have merit in the eyes of a court and if they have a chance to win. Winning is based on good evidence, good representation, a good case, and sometimes a little luck.

The best way to determine if suing someone is worth it is to contact a qualified attorney that handles the type of case you have. For instance, a personal injury lawyer needs to handle your personal injury case. You might want someone who specializes in defamation for your slander or libel case. If you are pursuing a wrongful death case, make sure your attorney knows the ins and outs. If you are suing for other reasons, make sure that you get the proper attorney who concentrates in the arena you are suing over.

Another thing to consider is what the statute of limitations is for your case. Make sure you investigate this to be sure your case is still within the applicable time limits. Also, make sure that you have considered comparable negligence. Florida is a comparable negligence state, which means that your award while suing someone could be limited by the amount of negligence the court feels you hold. So, make sure you discuss this with your attorney. They need to be aware of all the aspects of your case, especially ones that could affect its outcome.

Be aware that Florida law caps punitive damages in some cases. This may mean you are going to get a lot less than the TV shows say you are. Make sure you talk with your attorney about their ideas for a reasonable award for your case.

Lastly, make sure you understand how much this will cost you. Sometimes it might not cost anything up front or have a minimal cost, but you need to be sure. In addition, if it isn’t costing much up front, it is going to cost you something at the end. Make sure you know how much you will pay from the settlement to your lawyer and other advisors. You want to be sure the emotional ordeal is worth it.

Check out this list of crazy lawsuits. You’ll get a good chuckle, or maybe some ideas!

Attorney Christopher D. Smith, Sr. is designated a Board Certified Consumer Bankruptcy Lawyer by the American Board of Certification.  SmithLaw is located in Lakewood Ranch, Florida.  Attorney Smith concentrates on bankruptcy, civil litigation, probate, family law, estate planning, real estate, and elder exploitation cases in the Sarasota and Bradenton area.  Call 941-202-2222 to learn more.  SmithLaw offers free consultations in certain areas, including consumer bankruptcy, probate, and personal injury matters.

Image: Some rights reserved by MSVG

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