5 Surprising Reasons Lawsuits are Necessary

Nov 4, 2020 | Legal Topics

Lawsuits are never pleasant affairs, but they are often necessary. In fact, lawsuits are a solution for settling a wide variety of issues and disagreements. When parties will not accept their legal liability or just refuse to settle a dispute, for example, lawsuits can become necessary to carry out justice. Even a lawsuit that may seem frivolous on its face can still have fundamentally sound legal standing. In these cases, a resolution of issue in court will serve the greater good.

Lawsuits can be used to correct business or personal wrongs, hold government entities responsible, and clarify important facts. And in case you still aren’t convinced about the merits of lawsuits, here are five surprising reasons why lawsuits are necessary.

  1. Enforcing Contracts. Contracts are legally binding documents. When a party to a contract breaks the agreement, the other party or parties involved are entitled to damages for the breach of that contract. Howe’ver, a breach of contractual obligations is not always as clear as it may sound.  A breach of contracts can be very complex. These cases can involve a lot of evidence to show responsibility and fault, like correspondence between the parties and records of past interactions between them. Even the language of the original contract may be unclear. In these cases, a lawsuit may be necessary to determine whether the agreement was legitimately formed in the first place and, if so, how the terms should be enforced.
  2. Recovering Damages From Negligence. The world can be a dangerous place, and people sometimes suffer harm due to someone else’s negligence. A negligent party is most often one that had done something or performed an action which harmed another person. Once a party is found negligent in court, he or she can be held responsible. Recovering from physical, financial, and emotional injuries resulting from negligence often requires a lawsuit to be filed.
  3. Protecting Property Rights. People are entitled to protect what they own. Howe’ver, sometimes who owns what is a question that reasonable minds disagree on. Lawsuits are often necessary when someone claims a property right that they are not entitled to or a property owner needs to defend his or her rights of possession.
  4. Divorce. Divorce is never pleasant, but it can be for the best of everyone involved. Legal separations and divorces are legal proceedings, so they require a case to be brought to court. This is true even when everyone involved agrees that the separation should occur. Even so, divorce actions come loaded with emotions, stress, and anger, which can make matters more complicated. When this happens, parties may require the intervention of a mediator or judge to smooth things out. This is particularly true if the divorce involves child custody or child support, the situation can become even more complicated.
  5. Determining and Enforcing Fiduciary Duties. People assign others to act on their behalf under certain circumstances. For example, adults are assigned to take care of a trust fund for children, executors are identified after someone’s death to carry out the decedent’s will, and executives are put in charge of companies they don’t actually own. These individuals are called fiduciaries. Sometimes, these individuals will neglect their fiduciary duties. When this happens, they can be sued by the people they owe a duty to for actual or perceived fraud.

In any such case like those listed above, our skilled attorneys at Williams Hart & Boundas can help you make sense of things and win the damages you deserve. Call Williams Hart & Boundas today for a free initial consultation. We are happy to take the time to discuss your legal rights and potential recovery.

Disclaimer: This material is provided for informational purposes only. The provision of this material does not create an attorney-client relationship between the firm and the reader and does not constitute legal advice. Legal advice must be tailored to the specific circumstances of each case, and the contents of this newsletter are not a substitute for legal counsel. Do not take action in reliance on the contents of this material without seeking the advice of counsel.

The information contained in this blog may or may not reflect the most current legal developments. Accordingly, information in this blog is not promised or guaranteed to be correct or complete, and should not be relied upon as such. Readers should conduct their own appropriate legal research.


Free Case Evaluation

When you contact us, the process begins with a free and confidential consultation.