What Does "Cause of Action" Mean?

Before you can file a lawsuit, you must have a “cause of action.” In simple terms, a cause of action is the reason why you need to go to court and why the judge should rule in your favor.

As with any legal issue, there is more to a cause of action than just wanting to win your case in court. In order to prove your case, you must have a specific cause of action that meets the legal elements of your case and provides the grounds for the remedy you seek.

If you aren’t sure whether you can sue, get legal advice. A litigation attorney can review your case to determine whether you have a cause of action.

Elements of a Cause of Action

In legal terms, a cause of action is a set of facts that allows a claimant a legal remedy. The facts needed for a specific cause of action may come from a state statute, case law or judicial precedent, regulations, or common law. This is sometimes called the legal theory or legal basis for a complaint.

The circumstances of your particular case must meet all the elements of the legal theory. For example, in a breach of contract case, your cause of action must explain that you had a contract and the other party failed in their duty in some way.

A cause of action must have a legal remedy. When you ask the court for relief, your pleading must ask for a specific result, usually monetary or injunctive relief. If you fail to ask for a remedy or ask for something the court cannot provide, a judge may dismiss your case for failure to state a request for relief.

Let’s examine the elements that your cause of action should include.

Legal Theory

The legal theory is the set of elements or factors that you must prove to win your case. In tort law, all civil causes of action must prove each element for the case to succeed.

For example, a breach of contract suit must show that:

• A contract existed
• Each party had obligations under the contract
• The defendant breached their obligations
• The plaintiff suffered monetary or other harm by the breach

Other types of suits will require different factors.

Facts in Your Case

Your specific cause of action must prove that each fact meets an element of the legal theory. In a breach of contract claim, you are required to show how each fact in your case matches an element of the legal definition of a breach.

For instance:

• On a certain date, you and the defendant signed a contract for the sale of products
• You agreed to pay a certain amount for delivery of a product
• The defendant did not deliver the products on the date specified
• You lost money because you did not have the finished products

Providing this proof will increase your chances of winning your lawsuit.

Legal Remedy

You must ask the court for something it can provide under the law. In a breach of contract case, the contract itself may provide some remedy. Courts can order monetary payments, injunctions, and, in some cases, specific performance.

A valid cause of action must have grounds for judicial relief. A plaintiff cannot go to court to demand that the court fix a problem that has no basis in law.

Types of Causes of Action

Depending on the nature of the plaintiff’s harm, the cause of action may differ. All causes of action share the same requirements of matching facts to legal elements. The differences lie in the basis of the legal theory.

Examples of types of causes of action include:

• Contract-based, such as breach of contract or breach of warranty
• Tort-based, such as negligence, defamation, or fraud
• Statutory causes of action, created by federal or state law
• Equitable causes, where the remedy is injunctive or declaratory relief

This is not a comprehensive list.

One example of a statutory cause of action is the private right of action that allows citizens to sue the government. Under the Eleventh Amendment of the U.S. Constitution, the government has sovereign immunity. This means private citizens cannot sue the government without its consent. Most states have similar laws in their own Constitutions.

Legislators create private causes of action in laws that let citizens sue the government or government agencies under certain conditions. For instance, in New York City, if a Metro bus hits you, you have a private right of action to sue the city by filing a Notice of Intent within 90 days. Other state laws have similar private rights of action.

Multiple Causes of Action

It’s common for a case to have more than one cause of action. A civil case in tort law may have several causes of action arising from a single incident.

For example, a claim for fraud could have causes of action for:

• Fraud
• Misrepresentation
• False statements
• Theft

As long as the causes of action arise from the same incident, you can combine, or “join” them in the same lawsuit.

Causes of Action in Legal Proceedings

A cause of action is only one part of a lawsuit or other legal claim. You must file your case with the proper court and in the correct way. Legal advice from a personal injury attorney or other legal professional is usually required.

Fact Pleading vs. Notice Pleading

Some states, like California, are “fact-pleading” states. Your complaint must include specific facts that show you could win if all facts are true. Other states follow the federal rule and are “notice pleading,” meaning the complaint only needs to let the defendant know you are filing legal action against them. Filing the wrong type of complaint in the wrong jurisdiction can result in dismissal or delay.

Failure to State a Claim

Sometimes called a “12(b)(6)” defense, this is the most common way a defendant can challenge a civil lawsuit. This defense alleges that even if everything in your lawsuit is true, you have not met the legal requirements that would allow the court to grant your request for relief.

For example, in a breach of contract claim, the contract may have outlined other steps you must take before litigation can occur. If you begin your lawsuit before exhausting these remedies, your lawsuit cannot proceed.

Get Legal Advice From a Local Attorney

A valid cause of action is necessary for any legal case. Failing to state your cause of action properly can sink your claim before it ever reaches court. Speak to an attorney in your area when you are contemplating any court action to ensure you have fulfilled all the legal requirements for your claim.