The 6 Most Common Legal Claims in Florida
People have the right to file many kinds of legal claims in Florida, but certain kinds of claims are more common than others. Any person considering a legal action in Florida should make sure that they retain legal counsel for assistance with every aspect of their case.
The six most common kinds of legal claims in the Sunshine State include:
Breach of Contract
A breach of contract claim involves two parties who had some kind of agreement and one party not fulfilling their end of the deal. The nature of the breach can vary by case, but a plaintiff will typically have the burden of proving that a defendant did not fulfill their contractual obligations. A breach may be material or non-material, and the breach may be actual or anticipatory. An actual breach means the breach already occurred but an anticipatory breach involves one party claiming they will not fulfill contractual obligations.
A tort is a civil wrong, and an intentional tort is a claim in which a defendant purposefully caused harm to another party. Common intentional torts may include fraud, trespassing, or defamation. Certain intentional torts may result in criminal charges against a person, but a criminal case is far different from a civil action. Furthermore, a person acquitted in a criminal case can still be held civilly liable.
Not all torts are based on a defendant's intent, and negligence claims related to harm caused by another party's error. In a negligence-related claim, the plaintiff will have the burden of proving that a defendant had a duty of care to a plaintiff, the defendant breached that duty of care, that breach of duty caused the plaintiff's injuries, and those injuries caused damages.
Strict Liability Torts
Strict liability simply means that a party is liable for damages regardless of their intent or negligence. Product liability is one of the most common strict liability claims, as people harmed by defective products may have legal claims against product manufacturers even when manufacturers were not aware of defects and did not intend to cause injury.
Many workers in Florida are considered at-will employees, which means that the employers and the employees can both end the working relationship at any time for any reason. An employer is not allowed to fire people for certain discriminatory reasons, however, and certain illegal causes of firings can lead to wrongful termination claims.
Discrimination or Harassment
The Equal Employment Opportunity Commission (EEOC) handles employment discrimination claims based on race, color, religion, pregnancy, gender identity, sexual orientation, national origin, disability, age, or genetic information. Harassment also takes many forms, including sexual harassment, racial harassment, and gender harassment.
If you think that you might have a legal claim against another party in Florida, you will want to contact Jacksonville Attorney Judy Ann Smith for assistance taking the appropriate action. Our lawyer will be able to review your case and help you explore all of your legal options.
An attorney will also be able to help you achieve the most favorable resolution possible to your case, possibly negotiating a fair and full settlement for you. When a satisfactory settlement cannot be reached, then the lawyer can file a lawsuit.