5 Common Types of Legal Claims You Might Make In Your Lifetime
Filing legal claims in court is not as easy as it seems on court television shows. There's much more that goes into the process other than deciding to sue someone and then showing up in court to win your case. There are several reasons why someone might want to take another person to court.
Money issues, damages, and injuries are just a few reasons why you might need to sue someone. When taking someone to court, you'll need to prepare to prove your case. It'll be your word against the other party's word, so have all of your documents organized and in hand before entering the courtroom.
The last thing you want to do is waste your time and money attending a court hearing only to not have a case at all. Before you decide that taking someone to court is the answer, continue reading below. Here are several of the most common legal claims that'll hold in court!
1. Car Accident Claim
Anyone who's been in a car accident and has suffered property damages or personal injuries because of someone else's negligence is owed compensation. If you've been involved in a car accident, the first thing you'll want to do is contact the local police.
Have the police right out a police report for the accident. This is going to help you if you need to take the other person to court. You should also take pictures of the entire scene including both cars involved.
In most cases, the two insurance companies will be able to handle the claim for you outside of court. In other situations, however, the other driver and his or her insurance company might refuse to accept responsibility for the accident. When this happens, you'll want to have the police report and pictures to prove your claim.
If there were any injuries, then be sure to keep all records from doctor offices and hospitals as well.
2. Uber Passenger Accident
Being involved in a car accident as the passenger of an Uber ride is another common legal claim made. With Uber becoming more popular, it's not uncommon for someone to be in an accident during their Uber ride. If an Uber accident happens to you, the first thing you need to do is report the accident to Uber and the police.
There is a button on the app that you can select to report the accident. The Uber driver might call the police to report the incident, but might not if the accident was his or her fault. In any situation, be sure the police arrive on the scene.
You'll then proceed as you would in an ordinary accident by taking pictures and collecting information from the other driver and the Uber driver as well. The claim will then be handled by Uber's insurance. If the claim goes to court, you'll need all of this information to prove your case.
If you were injured in the accident, keep all of your medical records to bring to court with you as well.
3. Breach of Contract
There will be many times in your life when you're involved in a contract with someone else. Maybe you signed a contract with an employer. Maybe you have a contact with a business for some type of services done to your home.
Whatever the case may be, a contract is an agreement between two people that is enforced by law. A contract can be either written, oral, or even implied. If someone breaches a contract with you and causes you to lose money, then you have the right to sue them.
Be sure to bring all the evidence with you that shows this contract was broken by the other party.
4. Failure to Return Security Deposit
Disputes between landlords and tenants are common legal claims. One of the more common claims made between landlords and tenants is the failure to return the security deposit. This happens when you, as the tenant, place a security deposit down on a rental but don't get the money back after the contract ends or after you move out.
When giving the security deposit, there are conditions for getting this money back. If you can prove that you did indeed pay a deposit, that you didn't get the money back, and that there was no reason to not get it back, then you have a solid case.
Remember, if you left your rental in a different condition than what it was when you moved in, then the landlord has a right to keep the deposit.
5. Slander (Defamation)
Slander of one's name is one legal claim that you've most likely heard of before. What you need to know about this type of claim is that most states don't allow it in small claims court. You'll need to research your state's laws regarding this legal claim.
If your state does allow it, do keep in mind that many of these claims aren't taken seriously because, in order for you to have a case, you must prove that the slander caused some type of damage. If someone has written or said an untrue statement about you or your business and resulted in some type of damages, then it's worth taking it to court as long as you have proof of everything.
You must have proof of what was said or written, proof that the person did not know it wasn't true, proof that it isn't true, and proof that it affected your reputation.
Do Any of These Legal Claims Sound Familiar to You?
If any of these legal claims are similar cases to what you're going through, then you most likely will be able to take it to court and win if you have proof in hand. Remember, these are only a few of the most common legal claims.
Before taking something to court, be sure to do your own research and ensure you're fully prepared!
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