What is a Plastic Card lawsuit? Well, in short, a settlement lawsuit in which a plaintiff (usually an individual) files suit against another person or entity over allegations of breach of contract, fraud, or similar claims. Plaintiffs typically assert that they were injured as a result of the defendants’ breach of contract, or a variety of other potential causes. The defendant’s defense is that it did not commit the acts complained of, or else would be held liable for conduct that would be classified as tort. In this case, the settlement or verdict would be either for the plaintiff or against the defendant.
So, how does this work? Basically, according to a class action lawsuit says the following: that one party files suit against another party in which that party’s complaint essentially claims that the other party breached some agreement or owed some consideration to the plaintiff. The suit then goes to a trier of fact to determine if there was actually a breach of contract, and whether damages should be awarded to the plaintiff. In other words, the suit is a class action lawsuit says the court. And if the plaintiff wins the lawsuit, she or he gets the damages described in the complaint.
So, what is this type of lawsuit? It is a death lawsuit. In the state of Texas, for example, a plaintiff may file a lawsuit to recover damages for wrongful death, regardless of whether the defendant was negligent, the victim died as a result of the defendants’ negligence, or if the victim was injured while at the defendants’ premises. If the victim was killed at the defendants’ place of business, a wrongful death lawsuit may be filed in that case, too.
So what are the defenses to a wrongful death lawsuit? There are a few… the first is that the defendant can simply assert that it did not commit the alleged wrongful act. (Note: This is often called the “innocent spouse” argument in California.) This defense is often used so that the plaintiff does not get compensated for past and future medical costs, loss of income, pain and suffering, etc.
Another defense is that the defendant’s insurance policy covers the claim. (This happens in pretty much all states.) The insurance company will settle the claim with the insurer who issued the prepaid debit card. In other states, where it is not covered by the issuing company’s insurance policy, the plaintiff can file a claim for the outstanding damage only – which may include things like lost wages, future medical care, etc.
Some people try to use lawsuits like these to “sue for a cash refund”, arguing that they are entitled to a refund for the purchase of the Promo Card. Of course, in California, there is a limitation on this theory of “suing for a cash refund”, because of the California Civil Code. However, if the Promo Card was issued by a California-based issuer, it is not likely that the purchaser could sue for a refund on the purchase price of the Promo Card. If you have been injured in an accident due to someone else’s negligence, the Promo Card lawsuit is worth pursuing. You may even get a bigger settlement if your injury is ruled “undisputable”.