Litigation Lawyers in Cedar City
A "tort" in Cedar City, Utah is essentially any legally-recognized harm for which the victim is legally entitled to pursue compensation from the perpetrator.
When a tort is committed in Cedar City, Utah, thereby giving the victim the legal right to sue the person who allegedly harmed them, the victim's right to sue is recognized as a "cause of action."
The law of Cedar City, Utah recognizes many dozen different torts, but only a few of them are really litigated with any frequency, and many of them are relics of a bygone age. However, there are a few torts that are litigated very commonly. These torts are negligence, fraud, intentional infliction of emotional distress, and battery.
Types of Torts in Cedar City, Utah
Negligence: This is by far the tort that is most commonly dealt with in the courts of Cedar City, Utah. Put simply, negligence is a failure to exercise a reasonable amount of care, and causing harm to someone as a result. For instance, driving 30 miles per hour over the speed limit is obviously very careless. So, if you are driving that fast, and your speed causes you to get into an accident that harms someone else (either their body or their property), you have committed negligence, and will be obligated to compensate the victim for the harm that you caused. You should know, however, that this is just an obvious example, and there are a practically infinite number of situations in which a negligence lawsuit can arise.
Fraud: In Cedar City, Utah, fraud is a fairly frequent tort that the local court system has to deal with, though it may not be quite as frequent as negligence. To put it in the simplest terms possible, fraud is a deliberate lie that causes tangible harm (such as financial loss) to the person to whom the lie is told. Fraud is committed in a wide variety of contexts, but it most often happens when someone is trying to sell a product for more than it's worth. They might lie to a prospective buyer about the product's quality or value. If the buyer relies on this misrepresentation when deciding to buy the product, they are the victim of fraud, and have a right to sue the seller for their financial losses, and possibly recover punitive damages.
Battery: Battery in Cedar City, Utah is defined as any harmful or offensive contact with the person of another, without the victim's consent. Punching someone in the face would qualify as battery, as would basically any unwanted physical contact, particularly of a sexual nature. It can also occur when a doctor operates on a body part without the patient's consent.
Intentional Infliction of Emotional Distress: Intentional infliction of emotional distress, or IIED, is a relatively new tort in Cedar City, Utah. It is committed when someone deliberately causes emotional distress or trauma to another person by engaging in outrageous conduct, with the intent of causing such distress. Note that the defendant does not need to cause physical injuries to the plaintiff to be liable for IIED, but the plaintiff does have to produce evidence that they sustained emotional distress. This evidence normally comes in the form of a report from a psychiatrist who evaluated the plaintiff's mental condition.
How Can A Cedar City, Utah Tort Lawyer Help?
If somebody has hurt you, either intentionally or negligently, in Cedar City, Utah, you might have a cause of action. On the other hand, if you find yourself in the unenviable situation of being sued for a tort, you have a right to defend yourself, and will likely want to, for evident reasons.
In either case, a Cedar City, Utah attorney who is accomplished in handling tort cases will be able to help. Your lawyer can advise you on the best trial strategy, should the case go to trial, and negotiate with the other side, to try and reach a resolution that both parties can live with.
Another lawyer said my case would take weeks of work and require thousands of dollars of research. Howard pointed to a very fundamental clause in the contract, wrote a letter to termite the contract and dealt with all responses from the opposing parties attorney. Very cut and dry for a fraction of the fees. Highly recommended.
An excellent Attorney with a keen legal mind. He is attentive, responsive and his fees very reasonable!
I understand many lawyers are very busy, But Howard Bender, busy as he is, responded quickly and professionally. My impression is he is a man of his word.
Howard Bender has a wealth of knowledge with trademark contract negotiations. His expertise has helped us move our case forward productively.
This lawyer is the best! He is sharp, grasps everything quickly, and has a friendly approach. He helped me out & all without fighting.