Do I Have a Case?
Houston Civil Litigation Attorney – (713) 338-2720
After something goes seriously wrong and financial or physical harm has been done, your first reasonable reaction might be to consider legal action to set things right again. While it is important to protect your rights, it can be equally as important to verify that your rights were jeopardized or disrespected in a material way before springing into legal action. Prosecuting cases or pursuing claims involving immaterial or uncollectible amounts can end up costing you time, money, and energy with no chance of a beneficial outcome.
To make things easier for you when you are wondering if you have a case or not, we have compiled some useful information about the basics of different types of civil litigation. We focus entirely on complex and high-dollar civil litigation cases, including commercial litigation, consumer litigation, and personal injury claims and our practice is 100% litigation.
Do You Have a Commercial Litigation Case?
A commercial litigation case will be complicated by nature, as anything regarding businesses, companies, corporations, and the like requires an in-depth understanding of a variety of laws. Knowing if you have a case or not could be the most difficult first step out of all the different forms of civil litigation. However, you should already have a “map” towards the right answer: the contract at issue. And you should have an idea of how much is at stake, even if your estimate or calculation lacks certainty.
Everything involved with a business is most likely governed by one contract or another. Keep in mind that while most contracts need not be in writing to be valid and enforceable, most involving significant transactions are. If there is no contract when there should be, this could also be indicative of a problem with the potential case. If you suspect that you need someone to evaluate a potential commercial litigation case, the first thing you should do is collect all the relevant contracts, correspondence and other relevant documents including those in electronic format. And create a narrative of the keys facts. If there is a breach of the plain language of the document, you likely have a case.
Commercial litigation cases can be triggered by:
- Contract disputes
- Business torts
- Non-compete agreements
- Covenants not to compete
- Partnership disputes
- And more
Do You Have a Consumer Litigation Case?
Consumer litigation cases are similar to commercial litigation cases in the way that you will primarily be relying on forms and contracts to determine if you have a valid case or not. Some of these contracts might be in your possession after purchasing a certain product or service. Others are preexisting as federal or state level regulations and legislation, like the Texas Deceptive Trade Practices Act or rules set forth by various state and federal agencies.
Collect any and all correspondences between you and the party you believe has violated your consumer rights, especially arbitration agreements which may limit your ability to seek redress in the courts. Proving and detecting violations can be difficult. Unless the misrepresentation or misstatement on which your claim rests clearly stands out as you review your correspondences, contracts, and relevant laws, you might not have a consumer litigation case.
Examples of consumer litigation cases our firm has handled include:
- Consumer fraud and deceptive trade practices
- False advertising or false claims
- Insurance bad faith claims
- Misrepresentation or unfair practices
Do You Have a Personal Injury Claim?
Pursuing valid personal injury claims are in a league of their own, as the disputes are often between strangers and the primary rule governing these cases is the “unspoken agreement” we have to not harm one another, either intentionally or negligently. When a collision or incident occurs, the question is not whether or not a contract was violated, but instead is someone responsible. The injured party will be obvious, but the potentially responsible party may not always be apparent.
A personal injury claim may be viable if:
- Actual significant damage or serious harm occurred.
- The harm or damage was caused at least in part by the actions or inactions of another person or entity.
- The liable party had a duty by statute, contract or common law to not cause the harm complained of.
The second requirement may be the most difficult to establish or prove. If you suspect that all three elements of liability exist in your case, you may have grounds to file a claim, and should at least explore your legal options.
Where to Turn for More Assistance
Massey Law Firm PLLC offers free initial consultations to inquiring parties that firmly believe they have grounds for a civil litigation case. With more than 20 years of legal experience and a wide network of professionals and colleagues that help us tackle even the most challenges of cases, you can depend on us to deliver. Contact our Houston attorneys today for more information, or to schedule your case analysis.