Sue or Stay Silent? 5 Times You Should Absolutely Take It to Court
Nobody finds lawsuits fun. But sometimes there are times when the cost and time to litigate are justified and even necessary. Picking your battles in court can be a strategic move that protects your rights and finances. But knowing which claims are worth pursuing and when is the key.
Here are the five types of lawsuits that are almost always worth the fight, along with explanations of what makes them worth pursuing.
- Medical malpractice
If you or a loved one were harmed by medical negligence, there’s a chance you could have a medical malpractice claim. This is a specific type of personal injury claim that you can pursue under certain circumstances.
Medical malpractice lawsuits are common. According to the data, 34% of physicians have been sued at least once. Provided you’re still within the statute of limitations, if you can meet the proof required and a lawyer says you have a case, your claim is worth pursuing.
Here’s what you’ll need to demonstrate:
- A clear breach of duty. You must show that the medical provider breached their legal duty to meet the standard of care.
- Causation and damages. Even if someone is clearly negligent, you also need to connect that negligence directly to your injuries. Those injuries also need to have caused measurable harm like medical bills, lost wages, pain and suffering, etc.
- Damages that justify the cost. Lawsuits are expensive so if your damages are modest, pursuing a case might cost more than you can recover. Your lawyer will tell you if the potential outcome is worthwhile.
- Significant evidence. You’ll need medical records, photos, and expert reports to prove your case.
The good news is that most injury lawyers work on contingency, so if you have a strong case, you won’t owe them any fees until or unless you win.
- Employment law disputes
Working hard and following the rules doesn’t guarantee you won’t be discriminated against, underpaid, or wrongfully terminated. Employment law is clear about your rights as an employee, and when your damages are meaningful, an employment lawsuit deserves serious attention.
If you got fired for exercising a protected right like complaining about harassment or whistleblowing, or if you were discriminated against based on a protected class (like race, gender, disability, religion), that’s the kind of case courts take seriously.
Wage and hour violations are also serious. For example, you might have a case if you were denied rest or meal breaks, or if you weren’t paid for overtime worked.
If your employer overstepped their legal boundaries and you can prove it, you might have a case worth pursuing.
- Product liability
When a product malfunctions, a lawsuit is probably the last thing on your mind. But there’s a strong case for legal action if you were injured. Defective products cause harm to thousands of people every year and form the basis for many class action lawsuits.
If you were harmed by a defective product, you have rights as a consumer, so talk to a lawyer as soon as possible to find out if you have a case.
- Breach of contract
Businesses and individuals rely on contracts every day, but when someone fails to live up to their contractual promises,the courts can enforce the obligations and award damages.
To pursue a breach of contract lawsuit, you need measurable damages. For example, if someone failed to deliver goods, left a project incomplete, or didn’t pay you, you’ll need to show actual losses as a result (like lost profits or lost opportunities). If you have significant damages, it can be worth pursuing.
- Copyright infringement
Copyright infringement is worth pursuing but it’s expensive and you’ll need to prove damages to be successful. Although copyright is granted upon creation of a work, in order to file a lawsuit, you’ll need to own the registered copyright for the work in question. You’ll need to show that the infringement caused harm like lost sales, brand dilution, or reputational damage.
To save time and money, you can file a claim with the Copyright Claims Board if the damages claimed are no more than $30,000.
If you catch someone else trying to sell your intellectual property, litigation can be one of the most powerful ways to protect your work.
Know when you should sue
You don’t want to waste time, money, and emotional energy on weak claims. The five types of lawsuits outlined in this article are common and worth pursuing when you have a strong case. When you’ve been harmed by someone else’s negligence – physically or financially – suing is often the smartest move.
