Can I Sue?

Are you wondering if you can sue for a wrong someone or a business did to you? Learn whether you can sue — and when it's a bad idea — in the articles below.

Then, call a lawyer to determine whether you have a case. After all, you don't want to end up on a top 15 list of weird lawsuits.

Do I Have a Legal Case?

You may have a civil case if you have a legitimate cause of action, which means a valid legal basis to sue. The basis relates to a particular state law, federal law, or enforceable contract.

Common examples of causes of legal action include:

• Breach of contract, whether an oral or written contract
• Personal injury, such as car accidents
• Medical malpractice
• Wrongful death
• Employment discrimination
• Major property damage

You must also be able to identify damages, which are the ways the other party has harmed you. You might not be able to sue if you can’t identify specific and significant losses, despite how upset you are.

Damages can include monetary losses, denied opportunities, injuries, emotional distress, and other harms. In egregious cases, you might even seek punitive damages to penalize the other party. A trial lawyer can help evaluate your damages. If the damages are low enough, you can turn to small claims court instead of the more complex litigation process in civil court.

Lawsuit Procrastination

Once upon a time, you had a good case. Back then, you were too overwhelmed to sue. Now, you want to finally tackle the dispute fifteen years later. Unfortunately, your lawyer says your window has closed. This is what can happen if you wait too long to sue.

You would need to file your case within the time limit. Various types of claims are subject to statutes of limitations, which are laws that restrict how long you have to bring your claim.

In personal injury cases, for instance, the countdown starts on the date of injury or when you reasonably should have discovered it. After the set amount of time passes, you lose your ability to sue.

Whether You Can Sue Partly Depends on the Defendant

The type of person or entity you want to sue can shape your case. In some situations, it can affect whether you can sue at all.

Below are a few basic categories of defendants and how they can introduce legal issues to a case.

Government Agencies and Employees

Lawsuits against the government are subject to caveats and restrictions. The government and police have legal immunities, which protect them from liability in certain cases.

The civil procedure in these court cases can also differ from non-government lawsuits. You might need to complete an administrative complaint process before you can sue.

Defunct or Bankrupt Businesses

When a business dies, files for bankruptcy, or gains new ownership, you might not know if you can still sue. Legal claims don’t necessarily fizzle when a company has a major event like these. Your ability to sue the former owners, current owners, or the entity itself will depend on several factors. Getting legal relief could be more challenging, but it might still be possible.

Technology and Service Companies

Every time you see an online user agreement, do you read it from top to bottom? Neither do most people. Yet, these long, wordy legal documents are contracts. By using a company’s service, software, or website, you might agree to the terms of this contract by default — even if you don’t know what they are.

The terms of service agreement can restrict your options for a legal claim. Many companies now add binding arbitration and class-action waivers in their user contracts. This tactic means you give up your right to sue the business in many cases.

However, there are still many exceptions. Despite a company’s best efforts to avoid lawsuits, consumers can still sue in some circumstances.

Is Suing Worth It?

Not always; it depends on the facts of your case. It’s wise to be practical. Starting a lawsuit requires taking a calculated risk. Often, the question isn’t whether you can sue but whether you should sue.

You’ll need to measure the money, time, and unpredictability against the potential benefits. There’s also no guarantee that you’d win. But if successful, a lawsuit could help you recoup your losses and protect your legal rights.

You may want to reconsider a lawsuit if:

• You have an alternative way to solve the problem, such as through customer service or negotiation.
• You wouldn’t have enough evidence to prove the necessary elements of your case.
• Nearly identical cases in the past have ended in the other party’s favor.
• The harm happened so long ago that your claim passed the statute of limitations.
• The potential award money probably wouldn’t exceed your legal fees and court costs.
• The other party has very few assets and a low income, so you couldn’t realistically collect the judgment.

Still, don’t discount the idea of suing before you get legal advice. A lawyer can review the circumstances to give you a realistic idea of your options. They can use their experience with similar types of cases to recommend whether you should proceed or cut your losses.