{"id":369053,"date":"2016-04-04T10:47:07","date_gmt":"2016-04-04T15:47:07","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/litigation\/legal-system\/what-is-the-difference-between-a-legal-and-equitable-claim.html"},"modified":"2025-08-04T13:08:18","modified_gmt":"2025-08-04T18:08:18","slug":"what-is-the-difference-between-a-legal-and-equitable-claim","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/litigation\/legal-system\/what-is-the-difference-between-a-legal-and-equitable-claim.html","title":{"rendered":"What Is the Difference Between a Legal and Equitable Claim?"},"content":{"rendered":"\n
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What Is the Difference Between a Legal and Equitable Claim?<\/h1>\n
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\n By Susan Buckner, J.D.<\/a> | Legally reviewed by Jordan Walker, J.D.<\/a>\n | Last reviewed\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

The difference between a legal and an equitable claim lies in the type of remedy a plaintiff seeks from the court. A legal claim typically involves a request for monetary compensation. This includes payments for medical bills, lost wages, or other financial losses, and is intended to make the plaintiff whole after being harmed by the defendant’s actions. An equitable claim asks the court to order the defendant to do or stop doing something. This could include injunctions, restraining orders, or requirements for a party to fulfill a contract. While legal claims are focused on compensating past harm with money, equitable claims aim to prevent ongoing or future harm through court orders. <\/i><\/blockquote>\r\n

Some lawsuits, especially in employment or contract law, may combine both legal and equitable requests. These seek both compensation and changes in behavior or policy. Choosing the right type of claim is essential for legal relief. If you’re unsure of which to pursue,  speaking with an attorney<\/a> is a good idea.<\/p>\r\n

In criminal law, the state prosecutes offenses to protect citizens from wrongdoers. Civil law lets individual citizens seek relief when someone has caused monetary or personal harm. This includes personal injury lawsuits, where an injured victim sues a defendant for monetary damages. Civil law includes  tort law<\/a>, contract law, property law, and family law. Civil claims may involve jury trials, but don’t often involve criminal actions against the plaintiff.<\/p>\r\n

Causes of Action<\/h2>\r\n

To file a tort case, a plaintiff (you) must have a cause of action. A cause of action is any violation of your rights due to another person’s act or failure to act. If their action violates a criminal statute, they will be arrested. Either way, you still have a cause of action for equitable or monetary relief.<\/p>\r\n

To prove a cause of action, the plaintiff must show that the defendant had some responsibility to the plaintiff and failed in some way. For example:<\/p>\r\n