Gilbert Tort Lawyers
In Gilbert, Arizona, a "tort" is defined as any civil wrong, besides breach of contract, for which the law provides a remedy.
Typically, any bad act in Gilbert, Arizona that gives you the legal right to sue the person who committed the act, is a tort. Your specific right to sue is called a "cause of action."
Statutes and appellate court rulings in Gilbert, Arizona recognize a very considerable number of different torts. However, most of these torts are largely relics of history, and are no longer litigated very often, if at all. There are only a few that the average person has a decent chance of dealing with at least once in their lives. They include, but aren't limited to, negligence, fraud, intentional infliction of emotional distress, and battery.
Types of Torts in Gilbert, Arizona
Negligence: In Gilbert, Arizona, negligence is, far and away, the most prevalent tort that the civil litigation system has to deal with. Negligence is a failure to exercise the level of caution that's necessary in a given situation, and causing harm (physical injury or property damage) as a direct result of this failure. An obvious example is drunk driving. If a person is drunk behind the wheel, and causes an accident, they are clearly going to be required to compensate the victim for whatever harm they cause, since driving while intoxicated is extremely careless, and everybody should know this. Of course, there are many other situations, most of them far less apparent, where negligence can occur.
Fraud: Fraud is an intentional tort, unlike negligence. It is also dealt with fairly often by courts in Gilbert, Arizona. Fraud is a lie that one person tells to another, with the intent to harm the other person, typically by inducing them to give money or property to the person committing the fraud. Fraud can occur in a wide variety of different contexts. For example, suppose a jeweler tries to sell a fake diamond to a customer, by passing it off as the real thing. If the customer believes the jeweler's lie, and bases his buying decision on it, the jeweler has committed fraud. If the customer discovers this fraud, he will be able to sue the jeweler, and recover, at the very least, the difference between the value of the fake diamond, and what he paid for it.
Battery: Battery in Gilbert, Arizona 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 virtually 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, also known as IIED, was not recognized in Gilbert, Arizona as a valid tort until the early to mid 20th Century. However, since it became available as a cause of action, it has become one of the most common sources of civil litigation in the tort context. IIED is committed when a person engages in "outrageous" conduct towards another person, with actual intent of causing mental trauma or distress, and then truly causes the intended result. Physical injuries are not necessary to prove IIED, but if the emotional trauma is so severe that it causes physical symptoms (such as a heart attack, in the most extreme cases), the defendant will be liable for them, as well.
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How Can A Gilbert, Arizona Tort Lawyer Help?
If someone has committed a tort against in you Gilbert, Arizona, you have a legal right to seek compensation. Moreover, if someone has sued you, alleging that you committed a tort, you have a right to mount a legal defense.
In both situations, a knowledgeable Gilbert, Arizona tort lawyer will probably prove indispensable. The best thing you can do early in the process is make a good-faith effort to negotiate a settlement with the other side, to prevent the matter from going to trial in the first place, which will often prove more costly than settling. Most tort lawyers are also skilled negotiators, and will be able to help you on this front, too.
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Life in Gilbert
Gilbert is a Maricopa County city that was ranked 24th safest city in the United States based on FBI crime statistics. Gilbert also maintains a top-notch school system that earned the title of 36th best place to live by GreatSchools.org. A large percent of Gilbert's 209,000 residents is comprised of families and young professionals, unsurprisingly. The rapidly growing high technology, renewable energy, and life sciences economy supports a wide range of high paying jobs. In fact, the average household income in Gilbert is $98,213 and over 1/3 of the adults hold higher than a bachelor's degree.
There are some very reputable lawyers living in Gilbert and know the local courts systems very well. Gilbert lawyers advise clients on a wide range of cases. Lawyers in Gilbert are knowledgeable of local courts so they'll be able to work with you to determine the best course of action for your case and with which court you should file you claim.
Gilbert is an attractive community for its plentiful amenities too. There are a number of shopping centers that serve the area of Gilbert as well as movie theaters and fun parks. Gilbert offers a number of public parks with picnic and barbeque accommodations. Bike paths and lanes make it easy for cyclists to safely travel throughout Gilbert. Josh Betley, professional BMX rider, lives in Gilbert.