5 Common Types of Lawsuits

(Lawsuit)

5 Common Types of Lawsuits

Each lawsuit is different, but the majority belong to a larger category and share certain traits that serve as a model for legal strategy. Here are some of the most common types of lawsuits you're likely to encounter as a lawyer (in no particular order):.

1. Lawsuit for personal injury.

If someone was hurt personally as a result of the negligence of another party, they may file a personal injury lawsuit. A personal injury is different from property damage because it can be either physical (broken arm, vision loss) or psychological (anxiety, PTSD). 

You couldn't file a personal injury lawsuit, for example, if you were in a car accident that injured the car but not the passengers. The prosecution's burden of proof in a personal injury case is to show that the defendant violated a legal obligation that resulted in the personal injury (i.e. e. , ran a red light into your vehicle).

If this is established, damages (also known as money) may be granted. These damages can be both financial (such as medical expenses) and non-financial (such as "pain and suffering" or a reduced quality of life). After a tractor-trailer struck the singer Gloria Estefan's tour bus in 1990, she filed a personal injury lawsuit. 

Gloria broke her back in the collision and missed a year of touring. She was awarded $8.5 million in damages, which she used to pay for her medical costs, lost income from a year of concerts, and emotional distress.

2. litigation involving products.

When a faulty and dangerous product causes an injury, a product liability lawsuit may be brought. These goods may have been improperly designed, improperly created, or improperly labeled with insufficient instructions or warnings.

1994's notorious Liebeck v.

McDonald's belongs to the third group.

In the case of 79-year-old Stella Liebeck, who unintentionally burned 16% of her body when she drank hot coffee from the fast food restaurant, McDonald's was sued. In addition to $640,000 in punitive damages, she also received $160,000 for medical costs. 

The legal dispute made it clear that McDonald's served coffee at a temperature that was about 40 degrees hotter than that of other eateries, failed to publicize this fact, and did nothing despite hundreds of complaints that came before Liebeck's.

Following this incident, McDonald's and other eateries added "Warning: Contents Hot" labels to their drinks, and cup sleeves usage increased.

3. Suit involving workers' compensation.

When someone sustains an injury at work or related to their job, they may file a workers' compensation claim. This injury could result from a slip and fall, exposure to hazardous chemicals, or repetitive motions required by the job. The laws governing workers' compensation vary from state to state and cover things like hospital and medical costs, disability payments, rehabilitation, and more.

In some circumstances, a worker can merely apply for workers' compensation and take advantage of its benefits in accordance with the established rules. However, an employee may bring a lawsuit in other circumstances, such as when an employer acts egregiously negligently or fails to pay workers' compensation.

When a mentally challenged man was being attacked by another man in 2016 at the ResCare-run shelter in Oklahoma City, Rachel Jenkins' shoulder was hurt. By having its own system, ResCare had chosen to opt out of the state's workers' compensation program. 

Employees had to report incidents under this system within 24 hours. Despite Jenkins' supervisor having seen the injury occur, she was denied benefits because she missed the deadline by three hours. Jenkins filed a lawsuit against ResCare over this rule and received an undisclosed settlement.

4. Lawsuit for Unfair Termination.

If an employee feels that they were wrongfully terminated, they may file a lawsuit against the employer. The definition of wrongful termination varies from state to state, but some general examples would be firing someone because of their race, religion, political views, or for making a safety complaint or being a whistleblower. An employee who has been wrongfully terminated may file a lawsuit for damages, which may include calculated lost wages and benefits.

Additionally, an employee may file a claim for punitive damages, which are meant to punish the employer for improper conduct and serve as a deterrent to future similar behavior, as well as emotional distress, which is less mathematically precise.

As a result of being fired from the TV program Melrose Place for becoming pregnant, the actress Hunter Tylo was awarded $5 million in damages in 1997.

5. suit alleging medical malpractice.

When a patient feels that a doctor has treated them unfairly, they may file a medical malpractice lawsuit. This type of lawsuit requires the patient to establish the existence of the doctor-patient relationship, the doctor's negligence, and how the injury was caused directly by the negligence of the doctor.

Failure to diagnose, ineffective treatment, and failure to disclose known risks (also known as the duty of informed consent) are a few examples of negligence. Choosing a course of treatment that other sane physicians in the same situation would not have chosen or delivering the appropriate treatment inadvertently (i.e. e. , administering the incorrect dosage, amputating the incorrect leg, etc. ) The plaintiff must also show that the harm resulted in particular damages, such as physical or mental suffering, additional medical expenses, lost wages, or other similar losses.

Julie Andrews, better known by her stage name Mary Poppins, was a singer and actress who underwent throat surgery in 1997. However, the procedure went wrong, permanently harming Andrews' voice. In 2000, she reached a settlement in a medical negligence case.

Although some of these typical lawsuits may disappear as society changes, for the time being they continue to be important components of the legal system. Take a look at the various legal specialties and the typical lawyer salaries in each one if you're curious to learn more.