Probably the most common question lawyers are asked is, “Can I sue somebody for this?” The short answer is usually, “Technically, yes, can file a lawsuit for anything. But that one would likely be dismissed in short order.”
A better question would be, “Do I have a legal claim for this?” Courts recognize only certain causes of action, but chances are that your situation fits into one of them. A good attorney can help you navigate the process, but the first step in any legal claim is to make your own assessment of what happened.
If you suspect you have a legal claim and would like some guidance, the attorneys in our litigation practice can help. Feel free to contact us for more information.
How did this hurt me?
The first question to ask in determining if you have a legal claim is, “How did this hurt me?” Part of virtually any legal cause of action is damages, which usually take the form of money: money that someone else’s actions or inaction caused you to lose. This could come in the form of medical bills, money spent in anticipation of another party upholding their obligations under a contract, unpaid rent, cost of repairs, loss of revenue, or myriad other possible forms.
Chances are if someone did something—or failed to do something—that unduly cost you money, damaged your property, or physically hurt you, you have an actionable claim.
Do I have a claim against my tenant or landlord?
In both residential and commercial contexts, tenants and landlords alike are bound by the terms of their applicable lease agreement. If a tenant violates a lease provision, such as subletting without permission, making unauthorized alterations to the property, failing to pay rent, or conducting illegal activities on the premises, the landlord may have grounds to evict the tenant or seek damages.
Property owners can initiate eviction proceedings for reasons such as nonpayment of rent, lease violations, or holdover tenancy (when a tenant remains on the property past the conclusion of their lease). However, landlords must follow the legal eviction process outlined by Texas law, which includes providing proper notice to the tenant before filing a lawsuit. If a landlord attempts to evict a tenant without following these procedures (such as changing locks or shutting off utilities), this can backfire by giving the tenant a claim for wrongful eviction.
By the same token, tenants can bring a range of legal claims against their landlords. Landlords in Texas are legally required to maintain the rental property in a habitable condition. If the landlord fails to make necessary repairs that affect habitability (such as issues with plumbing, heating, or structural integrity), the tenant may have grounds to assert a claim.
Tenants should typically notify landlords of needed repairs in writing and allow a reasonable amount of time for repairs to be made before taking further action. Texas law also prohibits landlords from retaliating against tenants who exercise their legal rights, such as complaining to the landlord or a government agency about code violations or joining a tenant organization. Retaliation can include increasing rent, decreasing services, or terminating the lease.
Do I have a claim against my neighbor?
Good fences make good neighbors, and bad neighbors make good defendants.
Generally speaking, a neighbor who parks in front of your house, goes too long without mowing their lawn, or leaves junk around their yard doesn’t give rise to an actionable claim. However, If your neighbor’s actions or property use significantly interfere with your use and enjoyment of your property, you may have a claim for private nuisance.
This could include excessive noise, odors, or other disturbances that disrupt your daily life. If your neighbor unlawfully enters your property without permission, builds a structure that encroaches on your property, or uses your property in a way that interferes with your rights, you may have a claim for trespass. If your neighbor causes damage to your property, whether intentionally or negligently, you may have a claim for property damage. This could include damage to your home, fence, landscaping, or other structures.
Do I have a claim against my ex?
Hell hath no fury like an angry ex. Unfortunately, people subject their former partners and spouses to inappropriate behavior all the time, from harassing messages to outright physical threats and violence.
In cases involving physical violence, your safety is priority number one. Texas police departments take domestic abuse calls very seriously, so a call to 911 should be your first move if you are in danger from an ex. There are also resources available for victims of domestic abuse, many of which will provide temporary lodging for the victim and their children.
“Harassment” of the kind colloquially associated with a scornful ex—amounting to insults, indignities, and immaturity—is usually not actionable. However, certain types of communications described in the Texas penal code can be grounds for criminal action if they are made “with intent to harass, annoy, alarm, abuse, torment, or embarrass another.”
In Texas, harassment can be addressed through civil remedies such as obtaining a protective order (also known as a restraining order) to prevent further contact or proximity. This is especially relevant if the harassment includes threats of violence—or actual violence—or stalking behaviors. Documenting instances of harassment, including dates, times, and specific behaviors, can strengthen your case. Witness statements or electronic communications (texts, emails, etc.) may also be valuable evidence.
It is not unheard of for someone’s friends, family, and even employer to receive communications from the person’s ex-partner falsely accusing them of all manner of behavior. When this happens, the person the ex is talking about likely has a claim for defamation, which involves making false statements that harm a person’s reputation. It can be categorized as libel (written defamation) or slander (spoken defamation). Defamatory statements can include false accusations of criminal behavior, dishonesty, incompetence, or immoral conduct.
Have a good lawyer in your corner
This is nowhere near an exhaustive list of claims that someone can potentially have; everyone’s situation is unique, and the law is always evolving to meet the needs of changing times.
In all situations in which someone thinks they have an actionable legal claim, it is vital that they have a good attorney on their side. If you believe you may have a legal claim and want to discuss your options, the attorneys of Brousseau Naftis Erick & Massingill, P.C. are here to advise you on any issue that may arise. Contact us to learn more.
