A lawsuit lawyer, also known as a civil attorney or litigator, are lawyers that are hired by private individuals and entities to pursue a claim or to defend them in a civil lawsuit. In general, civil lawsuits typically attempt to address and resolve legal issues that affect people and organizations.
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AnswerDo I need a lawyer to file a lawsuit?
Sep 20, 2021 · Accordingly, you should utilize an internet defamation attorney to file an online defamation lawsuit. Most attorneys concentrate their practice on a specific area of law, like wills or criminal defense. Just as you would not hire a lawyer who writes your will to defend you in a criminal trial, the same is true for defamation law.
What kind of lawyer do I need to sue a school?
Oct 19, 2021 · First and foremost, it is important to state that whether you’re filing a personal injury lawsuit or wrongful death case following an accident involving your motorbike – you will need the services of a Houston Motorcycle Accident Lawyer.. The attorney must be experienced in handling cases involving motorcycles and similar vehicles such as motor scooters.
What type of lawyer is involved in a lawsuit against a district?
Dec 04, 2018 · If you want to sue a school or a school district, the type of lawyer you hire will depend on the type of lawsuit you want to file. Education lawyers handle suits related to the child's education and treatment at the school, but you may instead need a contracts lawyer, a personal injury lawyer or some other type of lawyer based upon your complaints.
Do you need a lawyer for defamation lawsuits?
It is important to contact a construction attorney if you have a problem with a home builder/developer construction breach of contract matter. An attorney can negotiate a resolution with the builder/developer or file a lawsuit on your behalf. The attorney is experienced in the law and can advise you regarding your legal rights and remedies.
What are the types of damages in a defamation case?
There are usually three types of potential damages in a defamation case: 1 actual damages 2 assumed damages, and 3 punitive damages.
What is the difference between a defamatory statement and a slander?
Defamation is a wrongful act in which one person makes a false statement of fact that injures the reputation of another. A defamatory statement that's spoken is called "slander", while one that 's written or published (or posted online) is called "libel".
What is punitive damages?
Punitive damages are meant to punish the defendant for particularly egregious conduct, and aren't usually imposed in defamation cases. Learn more about calculating damages in a defamation case.
What is actual damages?
Actual damages are provable, compensable losses that the plaintiff has suffered with respect to his or her property, business, trade, profession or occupation, including any expenses the plaintiff had to pay as a result of the defamatory statements. Lost income is an example of actual damages in a defamation case.
What is contract fraud?
Fraud Claim: contract fraud occurs when one party knowingly makes a false claim, intending to trick or deceive the other party into signing the contract. A homeowner may sue a contractor for fraud if they told the homeowner that the completed project would look one way, but the result is vastly different.
What are the different types of breach of contract?
There are four main types of breach under the breach of contract umbrella: Minor Breach: This occurs when a party fails to perform part of the contract, but does not violate the entire contract. This is sometimes referred to as an impartial breach;
What is breach of contract?
Breach of Contract Claim: Breach of contract refers to one party failing to follow through with their side of a contract. This may occur when the party has not delivered on their claims within an appropriate time frame, or when one party fails to perform at all. A contractor may found liable for breach of contract if they miss deadlines, do not begin the project, partially complete the project, or fail to utilize construction materials that were previously agreed upon in the contract. There are four main types of breach under the breach of contract umbrella: 1 Minor Breach: This occurs when a party fails to perform part of the contract, but does not violate the entire contract. This is sometimes referred to as an impartial breach; 2 Material Breach: This occurs when a breach is so substantial that it impairs the contract as a whole. In addition, the core purpose of the agreement must be rendered completely defeated by the breach. This is sometimes referred to as a total breach; 3 Fundamental Breach: This is essentially the same as a material breach. However, a fundamental breach is considered to be much more egregious than a material breach; or 4 Anticipatory Breach: An anticipatory breach is a breach that occurs when one party notifies the other that they will not be able to fulfill the terms of their contract. Anticipatory breach may also be referred to as anticipatory repudiation.
Can you sue a contractor for breach of contract?
As can be seen, suing a contractor typically requires that you first prove there was a breach of contract, or at a minimum an agreement for services to be performed. Regardless of whether you have a written contract or not, suing a contractor is often a complicated and lengthy process. This is especially true since state laws vary.
What is a contract for a contractor?
When hiring a contractor, such as for home repairs, most homeowners and contractors sign a legal contract that specifies the terms of the arrangement. This includes the work that is to be completed, the amount that is to be paid for the work completed, and a time frame that sets a deadline for the when is to be completed.
Can a breach of contract claim be recovered?
Breach of contract claims generally allow a homeowner to recover damages such as a refund of payments made to the contractor. Alternatively, they may be able to refund the difference in costs for hiring a new contractor to complete the project.
What is a material breach?
Material Breach: This occurs when a breach is so substantial that it impairs the contract as a whole. In addition, the core purpose of the agreement must be rendered completely defeated by the breach. This is sometimes referred to as a total breach; Fundamental Breach: This is essentially the same as a material breach.
What is a union attorney?
In addition, union attorneys are frequently used in the course of negotiating a collective bargaining agreement. When the union and the school district are unable to reach agreement through negotiation or arbitration, the agreement occasionally proceeds to the courts, where a union attorney will represent the district's employees.
What is an education law attorney?
Education law attorneys typically handle such matters as student rights, student discipline, bullying, harassment and school governance; if your issues involve other types of problems, another type of lawyer may be appropriate.
What happens if you sue a school district?
If you sue a school district, the district will hire its own counsel. The district may hire a single attorney, or it may hire an entire law firm. A law firm, as opposed to a solo practicing attorney, holds the advantage of having many attorneys to draw on for expertise and having more resources to cover expenses.
What does a school district attorney do?
The school district will pay for the legal services directly without going through a law firm. Counsel hired by the district as general counsel usually handle daily legal questions, contractual issues and smaller lawsuits involving simpler laws, such as open records requests or procedural questions for school board meetings. However, these attorneys may also advise on more complex lawsuits, typically with the assistance of a firm or attorney separately hired for a specific lawsuit.
What is a slip and fall lawsuit?
Lawsuits brought by parents and students against a school district could be anything from a slip-and-fall case to a violation by the school district of local, state, or federal statutes. You'll need to hire a lawyer that specializes in the type of legal problem you're experiencing. For example, if your child has been injured on school premises, ...
What to do if your child is being bullied?
For example, if your child has been injured on school premises, you may need to hire a personal injury lawyer. If you think your child is being bullied, has special needs that are not being met or is facing discriminatory practices or harassment from educators and other staff, you'll need an education lawyer.
What to do if you have a breach of contract with a builder?
It is important to contact a construction attorney if you have a problem with a home builder/developer construction breach of contract matter. An attorney can negotiate a resolution with the builder/developer or file a lawsuit on your behalf. The attorney is experienced in the law and can advise you regarding your legal rights and remedies.
How to protect yourself from shoddy construction?
One way to protect yourself is to only deal with reputable home builders and developers that have been building homes in the area for awhile and have an established relationship in the community. Check out the builder/developer's reputation and see if any complaints have been filed against them with the better business bureau. Find out what percentage of their homes are finished on schedule, and if they were within budget. Educate yourself to recognize shoddy construction. By taking a pro active role in the construction of your home, you can help to minimize any problems.
What happens if a builder goes out of business?
If the home builder or developer goes out of business, you may be able to recover damages from their insurance company. If you put a deposit down on your new home, and the home was not completed, you may be entitled to cancel the contract and get your deposit back from the builder/developer.
Who is liable for mold damage?
The suppliers or manufacturers of any faulty or defective building materials could also be liable. If you hired a company to clean or repair your property after a flood, hurricane, or similar event, and toxic mold showed up after the work was done, the company might be liable. If you have insurance coverage that could apply to mold damage ...
What happens if you find mold in your apartment?
If you find toxic mold in your home, apartment, or other property, it could lead to a lawsuit, especially if there was a pre-existing problem with your building, or if clean-up wasn't done properly after a flood or other problem.
Can you sue for mold in your home?
If you or a family member have suffered health problems and/or damage to your property due to the presence of toxic mold in your home or other property, you may have be able to file a lawsuit against anyone whose carelessness or negligence caused or contributed to the problem. If you bought a newly-built home, architects, builders, ...
Can a landlord be liable for mold?
If you're renting your residence, your landlord or property manager could be liable for health problems and damage to personal property stemming from mold exposure (renter's insurance could also come into play to cover property damage). If you bought an existing home and now toxic mold has shown up, the previous owner ...
Does mold insurance cover damage?
If you’re making a mold-related insurance claim because of damage to your property and/or health problems that you think might be tied to mold, any insurance policy that might trigger coverage almost certainly requires you to notify the carrier of a potential claim within a reasonable time.
What happens if you buy a newly built home?
If you bought a newly-built home, architects, builders, and contractors could be liable if they performed sub-standard care, failed to obtain proper permits or inspections, or used faulty materials that allowed mold to develop. Depending on the specifics of the situation, your options might include a personal injury lawsuit, ...
How long do you have to file a lawsuit?
It's hard to find a general number, but it's safe to say that you almost always have at least a year to file a lawsuit. So you have plenty of time to research the relevant laws and find a lawyer, but don't procrastinate because certain lawsuits need to be filed within this one year period. The exception to this is if you are suing ...
How long do you have to sue the government?
Because the government writes the rules, they've made it particularly difficult to sue them. In some instances you have as little as 60 days to file a lawsuit, and in some cases you are required to file an administrative complaint before filing a lawsuit.
What are the statutes of limitations in California?
To give you a good example of how much variation there is depending on what the claim is, here are the statutes of limitations for some actions within California: 1 Personal injury: Two years. 2 Libel or slander: One year. 3 Domestic violence: Three years. 4 Medical malpractice: Three years. 5 Breach of written contract: Four years. 6 Breach of oral contract: Two years. 7 Childhood sexual abuse: Eight years from the child's 18th birthday or three years after discovering that some injury resulted from childhood sexual abuse regardless of the victim's age.
How long does a claim last?
It depends entirely upon the state you're in (or federal law) and what the offense is. Some claims may expire as quickly as a year after the event in question took place. Other claims can be filed decades later (tax fraud, for instance). If you are considering filing a lawsuit, contact an attorney or check the relevant laws to find out what ...
Can a judge throw out a case if the statute of limitations has run?
It depends on whether the statute of limitations has run on whatever you're being charged with. Typically, however, judges will not automatically throw out a case due to a statute of limitations having run. You have to expressly bring it up with the judge, asserting it as an "affirmative defense" to the claims in the lawsuit.
Construction
- Contractors are typically hired by homeowners to fix, design, remodel or build part of their house. Unfortunately, projects do not always end up as anticipated by the homeowner. Most homeowners and contractors sign legal contracts that specify the work that will be completed, the amount that will be paid for the work, and a time frame that gives a deadline for when the work s…
Issues
- Lawsuits are filed against contractors in many situations. In some cases, a contractor may fail to follow the agreed upon contract. Contractors may miss deadlines or fail to perform all of the work required.
Types
- There are a number of different types of legal claims that homeowners can file against a contractor if they decide to move forward in filing a lawsuit. Common legal claims filed by homeowners in civil court against contractors include breach of contract, defective construction work, and construction fraud. The types of damages available to homeowners may vary by state.
Risks
- A breach of contract is a legal term that is used when one party does not follow through with their side of a contract. In most contractor and homeowner relationships, a written contract is involved in the transaction. If a contractor does not follow or fulfill their contract obligations, the contractor may have breached the contract. A contractor may breach a contract if they miss deadlines, do …
Effects
- A breach of contract claim will typically allow a homeowner to recover damages. Damages may include a refund of payments made to the contractor, a refund of the difference in cost involved in hiring a new contractor to complete the project, the costs associated with the construction materials, and decreased market value of a house based on construction delays or incomplete …
Summary
- Fraud is a legal term that is used to describe misleading promises or misrepresentations made by a contractor to a homeowner. A homeowner may sue a contractor for fraud if they told a homeowner that the completed project would look a certain way, but in reality, the completed project had a different look altogether.
Causes
- Fraud can also occur if a contractor promises to only use certain, high-quality building materials, and then saves money by substituting those materials for less costly and lower quality materials. If a homeowner made a deposit to a contractor, and the contractor took the homeowners money without beginning the work, the homeowner may also file a claim of fraud against the contractor.
Results
- For the best outcome in your case, you should consider speaking with a property renovation lawyer who can help you file your case, discuss possible claims, and help you get awarded the correct amount in damages.
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