What Can You Sue Someone For?

Opening a lawsuit and suing someone can be complicated and convoluted if you aren’t familiar with the process. Unfortunately, many of us will need to know how to file a lawsuit in our lifetime. 

Whether you are in a dispute about damages, discrimination and harassment, or wrongful termination, there is a litany of reasons you could sue someone. 

There are countless examples of unusual things that find their way into a lawsuit; however, two of the most common reasons are litigation due to physical or financial harm. These two issues have a wide array of topics and situations that fall under their umbrella term. They are further broken down into companies against individuals and vice versa, as well as individuals suing other individuals. 

The range of who can and who does file a lawsuit mirrors the diversity of the people and entities of the nation.

Common Reasons To Sue

It would be impossible to list every conceivable reason to sue a person. American courts have existed for almost 250 years. Unfortunately, the magnitude of legal cases throughout history has created controversy and misinformation on lawsuits. 

There are numerous common causes for opening a lawsuit, and many of the reasons you might pursue legal action will typically fall under one of these scenarios:

Slander and Libel

Free speech is protected under the First Amendment to the Constitution. However, most people don’t consider that there are consequences to their actions, or in this case, their words. Just because you can say whatever you wish doesn’t mean that there aren’t scenarios where you find yourself in legal trouble. 

A lawsuit opened in this manner must show that the entity spoke (slander) or wrote (libel) a knowing untruth and created harm to an individual or business. This action must also prove the individual intentionally said this, resulting in damages to reputation or fiscal loss.

Damages

Slander and libel focus on issues regarding damages from spoken or written fallacies. However, damages can stem from a wide array of negligence, resulting in harm to a person or company. Damages seek to gain compensation for injury to physical, emotional, and fiscal losses. 

Physical injury involves situations where an individual was wrongfully hurt, such as battery or a car accident. An emotional distress lawsuit could be the result of trauma through domestic abuse, causing the individual to no longer have the capability to live a normal life. Fiscal damages could be a result of an individual breaking the power supply to the building, forcing the business to close for a period of time.   

Contract Enforcement

A situation that often is associated with damages but doesn’t necessarily result in them is enforcing a contract. A breach of contract has the potential to cause damages to one of the parties involved, but it doesn’t have to. Litigation could happen before any pain and suffering has occurred. 

Additionally, there may never be damages. Contract enforcement could be the result of a debtor refusing to pay their lender. It could be the result of unsatisfactory work being disputed. If it was an oral agreement, one party might be suing to clarify the terms of the contract. 

Property Disputes

Similar to contracts, property disputes often occur when people disagree on landlines. These disputes could be something like a fence or shed being erected, or where a car is parked. If there is an HOA, this could also be building a shed or fence not in compliance with the HOA code. 

Additionally, some lawsuits surrounding property disputes center more on noise and maintenance of the area. People are entitled to live in a safe and peaceful environment. Noise and safety hazards can lead to suing someone. 

Who Can Sue

A question that often arises when trying to figure out whether or not you can sue someone is who can actually sue? In short, anyone can sue. Now, that doesn’t mean that they have justifiable legal claims, but rather that they have the right to open a lawsuit. 

Not all lawsuits will make it to court due to a variety of reasons. This can happen when the person attempting to sue has no legal grounds, or there is missing paperwork that needs to be filed. If you don’t have a background in law, it’s not the best decision to file as pro se litigants or “on one’s own behalf.” Obtaining legal advice is wise in most circumstances. 

When You Can Sue

In reality, there are countless reasons and causes to sue. If you feel you have been wrongfully harmed, you might have grounds to pursue legal action. This can be for any of the reasons previously listed or another issue. When you feel like your pain and suffering warrants further action, it is worth looking into whether or not you are entitled to damages being repaid. 

If you still have concerns about understanding how to sue a company or how to sue someone, contact the professionals at Jack Bernstein, Injury Attorneys. We can offer better insight into whether or not you have an actionable lawsuit. 

The Legal Process of Filing a Lawsuit: Step by Step

Here are the standard steps you will follow when filing a lawsuit:

Pre-Ligation Steps

These are steps taken before a formal legal case begins or during the initial stages of a case. They include sending a demand letter, investigating the case, and gathering evidence, such as documents, photos, and witness statements.

Attempting to resolve the dispute out of court through negotiation or mediation is a primary goal in this stage. If you and the party settle your issue at this stage, your case will end here.

Filing the Complaint

If you are dissatisfied with the outcome of the preliminary stage, you can draft and file a complaint or petition with the court. A complaint or petition is typically the first document that initiates a lawsuit. A complaint is used in civil lawsuits to initiate legal action, and a petition is a broader term for a formal written request used in various legal proceedings, such as probate and appeals.

Your complaint or petition must contain the parties involved, statement of facts, legal claims, and relief sought. To file it, you need to identify the appropriate court, for example, the County Clerk of the Court, and then follow specific procedures for that court to file.

Serving the Defendant

After filing your complaint, the defendant will receive a copy of the complaint and summons (a legal document that formally notifies them that they are being sued and must respond to the lawsuit).

You will choose how they can be served, depending on the rules of the court you file your complaint with. The usual methods of service are physical delivery, through the sheriff’s office in the county where the defendant resides, or using a certified process server.

A defendant being officially notified of the lawsuit establishes the court’s jurisdiction over them, and allows them to prepare for defense.

The Defendant’s Response

After being served, the defendant needs to file an answer, admitting or denying the allegations in the complaint, or file a motion to dismiss, providing arguments why the court should end the case before it goes to trial.

Discovery Phase

This is a pre-trial stage where parties exchange information and evidence relevant to the lawsuit. It involves interrogatories, depositions, and requests for documents, for admission to inspect properties, for physical or mental examinations, and so forth.

Trial and Judgment

If a settlement can’t be reached during the discovery phase, the case will go to trial. The court will give a judgment, which specifies who won and who lost, and what the losing party needs to do to satisfy the judgment. For example, they may be required to financially compensate the winning party.

Categories of Lawsuits With Examples 

When filing a lawsuit, you need to establish which category it falls under. The common categories are:

1. Personal Injury Lawsuits

These are cases that arise when someone suffers harm due to another person’s negligence or intentional act. 

Examples include:

• Car accidents: Our Tampa personal injury lawyer will help you when you are involved in a crash caused by a negligent action.
• Slip-and-fall (premises liability): When a property owner fails to keep their property reasonably safe, consider working with a premises liability lawyer.
• Medical malpractice: Examples include diagnostic errors, failure to refer, and surgical errors.
• Dog bites: A dog owner should control their dog to avoid endangering others. 
• Product liability: If you are injured by a defective product, you can take action against the manufacturer, designer, distributor, or retailer.

Additionally, if you lose a loved one due to another person’s negligence, a wrongful death attorney can help you fight for your loved one’s rights.

2. Employment-Related Lawsuits

An employee or job applicant can file a lawsuit against an employer when discriminated against because of their identity attribute, sexual harassment, wrongful termination, and for wage and hour disputes.

3. Family Law Disputes

The common reasons for lawsuits within families include divorce proceedings, child custody battles, adoption, domestic violence, paternity disputes, and disputes over inheritance.

What Are the Costs of Filing a Lawsuit?

The expenses involved in filing a lawsuit are court filing fees, expert witness fees, discovery costs, and attorney’s fees. Jack Bernstein, Injury Attorneys, has a no-fee until we win model. This allows our clients to not deal with upfront legal fees, allowing them to cover other expenses while receiving quality legal representation.

Contingency Fees vs. Retainers: How Do Lawyers Get Paid?

Lawyers use different payment structures. The primary methods used are contingency fees and retainers. 

With a contingency fee structure, a lawyer agrees not to charge an upfront fee. Instead, they will receive an agreed-upon percentage of the client’s recovery if they win the case. This is mostly used in personal injury lawsuits.

A lawyer who charges a retainer requires a client to pay an upfront payment to secure their services and ensure their availability for future legal work. The payment is usually held in a trust account and only given to the lawyer when they provide services to the client.

Our law firm uses a no-fee unless we win the payment structure.

Is There a Time Limit To File a Lawsuit? Understanding Statutes of Limitations

Yes, cases follow a statute of limitations, which is a law that sets a time limit for filing a lawsuit. The purpose of this law is to promote fairness and efficiency in the legal system, as it prevents cases from being brought when evidence is stale, which can hinder a fair trial.

The time limit for filing a lawsuit varies by the type of claim and the state in which it is filed. For example, in Florida, the statute of limitations for personal injury cases is generally two years, whereas the time limit for a breach of contract claim is four years for oral contracts and five years for written contracts.

Note that Florida has a discovery rule, which applies when the injury or their cause is not immediately apparent. Therefore, while the time limit for personal injury cases is two years from the date of the injury, if the injury was not immediately obvious, the clock starts ticking from when the injured person knows, or reasonably should have known, about the injury and their cause.

Our law firm helps clients understand all deadlines relevant to their case to protect their eligibility for filing a lawsuit. 

How Long Does a Lawsuit Take? 

A legal process can take a few months for a settlement to several years for a complex case. Our attorneys are passionate about helping clients protect their interests without dealing with delays.

Sources:

Anniversary of the Federal Court System.

Filing Without an Attorney.

First Amendment, Library of Congress.

Florida Statutes § 95.11. (2024).FLA. STAT. § 760.01(2) (2022).