Splitting a cause of action refers to the practice of dividing a legal claim into separate parts and pursuing them in different lawsuits. This means that a plaintiff may present only a portion of their claim in one case, while reserving the remaining parts for a subsequent lawsuit. However, this approach is generally viewed as procedurally improper in most legal contexts.
This term is primarily used in civil litigation, where a party may have multiple claims arising from the same set of facts. Courts typically discourage splitting causes of action to promote judicial efficiency and prevent inconsistent judgments. Legal forms related to claims may be available through platforms like US Legal Forms, allowing individuals to manage their legal actions more effectively.
Here are a couple of examples of abatement:
For instance, if a person is injured in a car accident and suffers both physical injuries and property damage, they might be tempted to file one lawsuit for the physical injuries and another for the property damage. However, this could be considered splitting a cause of action, which may lead to complications in court.
(Hypothetical example) A business owner could have a claim against a supplier for breach of contract and also for damages caused by defective goods. If they file separate lawsuits for each claim, they risk having one dismissed due to improper splitting.
Examples of state differences (not exhaustive):
| State | Legal Stance on Splitting Causes of Action |
|---|---|
| California | Generally prohibits splitting causes of action to avoid multiple lawsuits. |
| New York | Similar prohibition exists; courts encourage comprehensive claims in one lawsuit. |
| Texas | Allows some splitting under specific circumstances, but generally discouraged. |
This is not a complete list. State laws vary and users should consult local rules for specific guidance.
| Term | Definition | Difference |
|---|---|---|
| Cause of action | A legal reason to sue. | Splitting involves dividing a single cause into multiple lawsuits. |
| Joinder | The joining of multiple claims or parties in one lawsuit. | Joinder combines claims, while splitting separates them. |
If you believe your situation involves splitting a cause of action, it's advisable to consult with a legal professional. They can provide guidance specific to your case. Additionally, you may explore US Legal Forms for templates that can help you file your claims properly and efficiently.
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Splitting your cause of action may lead to one or more lawsuits being dismissed or facing procedural challenges.