There are ample actions that can lead to some serious lawsuits. Most of the time, the cause is either somebody hasn’t dealt fairly with you, or they have tried to harm you physically or financially.
There can be other reasons, such as the other party refusing to give what is yours or they didn’t deliver what they had promised.
These lawsuits can even end up with a requirement to hire a family lawyer. The reasons being countless, we have noted down 4 of the major ones that you should know. Keep reading to learn about them!
Breach of Warranty
Breach of warranty occurs when a merchant or a manufacturer creates a warranty for a product, and the product doesn’t do what it should. This gives rise to the entitlement for compensation.
A warranty can be made either in written or oral form. It can also be implied based on the advertisement. But most importantly, companies are supposed to keep the promises made, not just those that are written down. If they fail to do so, you have the full right to make a compensation claim.
Buying a product that didn’t serve its built purpose and being served a product that turned out to be dangerous and causes injury are two different things.
Unfortunately, the second one happens a lot more in our states. Thankfully, product liability rules help you get compensated and held liable to the one responsible for the hurt caused by the defective product.
We all are equally eligible to peacefully enjoy our property. So if anyone nearby creates any sort of nuisance or any kind of health hazard, you have grounds to sue them. These may include things like obnoxious odor or late-night noise and even lighting.
Apart from these, there is another kind of property dispute that involves encroachment on the property.
It happens when a neighbor builds a shed or a fence on your land. You can reach out to the court to get these things removed from your property.
People generally file for divorce rather than suing one another for it. But divorce, in essence, is a lawsuit. It is way different from other suits and has its own set of rules that widely differ depending on the state. It falls under family law and requires the hiring of a lawyer by the concerned party.
Reaching out to a family lawyer for the process is suggested for carrying out the process smoothly, as sometimes things inside the family court can turn ugly because of personal differences between the parties.
Tips to Avoid Litigation –
Make clear and truthful agreements –
It is not advisable to enter confusing, unclear, inconsistent agreements. You should avoid such contracts that are not up to the mark and state indistinct aspects about the same.
People, especially senior business professionals, sometimes agree on a contractual basis such as products, price, delivery date, etc., leaving the rest for others to complete the formalities. In the case where drafting is not proper, there might emerge the chances of disputes later.
So, before constituting any contract, ascertain that it is made as per the laws with clear understanding and leaves no state of ambiguity.
Take legal advice before signing any docs –
You might have heard that before signing any legal documents, make sure you read them thoroughly so that you don’t count on the possibility of any legal disputes later on.
Even if it’s a routine agreement, ensure that you read the deal wholly before signing the documents. Again, taking legal advice in advance is much better than getting stuck in the litigation process, as it can be draining.
Compromising to avoid being sued –
To avoid any litigation, you need to be mentally prepared to compromise. Being a court of law, it is unpredictable, and so are the judges. Legal judgments rely on proof and pieces of evidence. Also, there is always a possibility of losing a case as things are uncertain.
So, compromising without getting involved in the litigation process is better than getting into a lot of stress, losing an opportunity, wasting time and energy, etc.
Do follow agreements –
One of the ways to avoid getting into legal fights is to follow agreements. It is observed that even sophisticated parties tend to fail in pursuing their own contracts. After spending your energy and efforts making a detailed, legally undisputed agreement, it is not acceptable to follow your own set of rules or industry practices other than the agreement.
So, make a list of procedures and contact summaries to ensure you know all the terms and conditions and adhere to them.
Have a mediator –
It is beneficial for both parties to have a mediator while dealing with the litigations. For settling litigation, it is not always necessary to have lawyers reach a certain stage. Lawyers might strongly succumb to tell the things their clients want to hear. So, here the help of a mediator will be advantageous. Mediators are skilled in assisting the parties in finding the issues and bringing about beneficial solutions.
They assist the clients more effectively and discover creative solutions for the problems. Of course, it might not be appropriate for all the cases but trying it for your case is worth considering.
Handling litigation is not a child’s play. It is a physical as well as mentally draining process. It might cost you time, energy, money and other resources. There are many minor actions we talked about above which can lead to a serious lawsuit. Following the tips we mentioned before might aid you in dealing with litigation.
By going through this article, we hope you must have understood criminal law, and minor actions could result in serious lawsuits. But it is also true that if you haven’t done anything wrong and have been falsely blamed, getting help from your family lawyer can get you through the case.
Shrey Jain is the Co-Founder of Writofy & a Chartered Accountant who works with a team of creative content writers. He holds a forte in creating informative content on niches like crypto, business, fintech, digital marketing, and several others. In addition, his willingness to learn and share his knowledge can immensely help readers get valuable insights on varied topics.