List of Things You Can Sue for in California
If you’re unable to resolve a problem with a person or company, you may be interested in this list of things you can sue for in California.
In this list, you will discover some of the more common problems an attorney can help you resolve.
List of Things You Can Sue for in California
To “sue” someone doesn’t always mean to take someone to court to attempt to get money from them. Lawsuits take place for a variety of other reasons; the type of award can vary dramatically depending on the situation. For example, landlords may sue to have tenants removed, yet ask for no money in the process.
In this post, we’ll cover the most common things you can sue for in California. We’ll also explain how these lawsuits work at a basic level, and tell you what you need to know if you’re considering this route yourself.
Landlord Evictions
A landlord can take a tenant to court to sue for eviction. Landlords can evict for just-cause, including, but not limited to:
- Non-payment of rent
- Consistent late payment of rent (more than four times per year)
- Violation of the terms of the lease
- Violation of local law, including public nuisance, unlawful business, etc.
- Crimes committed by the tenant while on the rented property
In the state of California, a landlord can use the Ellis Act to evict tenants in rent-controlled areas, too. They can only do this if they intend to no longer rent to any tenant at all.
Contract Enforcement
Suing for contract enforcement works for both parties involved. A person can sue a contractor for not completing (or for not properly completing) the work paid for, but the contractor can also sue the buyer for refusing to pay as agreed upon. Contract enforcement suits apply to work/payment promised, car sales, disagreements over contract terms, and…contract enforcement.
Suing for a Divorce
Let’s face it — not every marriage ends amicably. Some couples simply can’t agree on how to split their assets while others will do all they can to attempt to “punish” their spouse. Disputes can include both property allocation issues as well as family law issues, like child custody.
Poor Financial Advice
Yes, you can sue your financial broker for giving you bad financial advice. The reality here is that you have to prove that the bad advice was given to you intentionally. Did the broker profit from your loss in some way? Did he use a sales tactic that would be labeled as broker misconduct?
While it isn’t your broker’s job to measure your personal level of risk as compared to another person’s, no broker should “churn” out excessive trades to earn commissions. They also shouldn’t be knowingly recommending risky investment types or forcing you into portfolios known to be improperly diversified, nor should they make unauthorized trades with your funds, either. You may be able to sue to recoup your losses if these instances occurred in California.
Workers Compensation Injuries
Injuries that happen on the job are generally covered by workers compensation insurance. Things can get tricky if you feel your injury was caused by gross negligence on the part of your employer, or if you find your assigned doctor is trying to release you back to work sooner than s/he should. You may also have an issue if your employer asks you to tell the hospital that you were injured at home instead of at work, as your employer is attempting to commit insurance fraud.
It’s your right to appeal decisions that your employer, the doctors, and the insurance companies make about your injury. Additionally, you have the right to do so without fear of repercussion. A lawyer versed in workers compensation issues can help you file a lawsuit if your rights have been violated or if you are not receiving proper compensation for your injury.
Medical Malpractice
California law does place a cap on the amount of money you can be awarded in a medical malpractice case. But this doesn’t mean you have to give up your right to sue a doctor whose professional negligence has caused you injury or harm.
Money caps only apply to certain portions of the lawsuit. If you sue for compensatory damages, for example, you can sue for the entirety of your medical bills, lost wages, lost earning capacity, home care, and therapies – regardless of the amounts. State code puts a cap of $250,000 on non-economic damages, such as pain and suffering, scarring, loss of use of limbs, and an inability to enjoy life. A judge may also award punitive damages if there is clear evidence that the medical professional in question recklessly disregarded your safety.
Personal Injury
Here’s where those slip-and-fall accidents come into play. Most homeowners and business owners have insurance that will cover your medical payments without the need for a lawsuit. Dealing with the homeowner or business owner directly may be the way to go if you are the victim of a minor accident with little injury and no long-lasting impact.
But what if your injury is more serious? What if the property owner was negligent and didn’t make a needed repair or mark an area as hazardous? What if they showed little concern for your well-being or your inability to work after the fact? It may be time to call a lawyer to discuss their negligence and the potential for a lawsuit.
Property Damage
Were you in an accident with an uninsured driver who can’t pay to repair your car? Did a construction crew working on the road hit your car and scratch it up? Maybe you lent a valuable object or tool to a friend who lost or damaged it. These are just some of the examples of property damage you might sue for to recoup the cost of repair or even just to have your property replaced.
Defective products, breach of contract, unpaid debts, acts of fraud – all of these can cause significant distress and emotional upheaval, not to mention financial damage to your wallet. Filing in small claims court is an option, but you may find your odds of recouping your losses much higher if you work with a reputable attorney. The right attorney can help you ensure you get the compensation you deserve.
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