Litigation Lawyers in Laguna Hills

In Laguna Hills, California, a "tort" is defined as any civil wrong, besides breach of contract, for which the law provides a remedy.

In Laguna Hills, California, a tort is basically any bad thing that one person can do to another, which the law says the victim can sue over. This is called a "cause of action."

In Laguna Hills, California, there are laws and court rulings that recognize scores of different torts. Many of these torts are very obscure, and are almost never litigated. In the modern era, the torts that the average person is most likely to face are fraud, negligence, battery, and intentional infliction of emotional distress.

Types of Torts in Laguna Hills, California

Negligence: Negligence is the most often-litigated tort in Laguna Hills, California's civil litigation system. Negligence occurs when somebody does not exercise the level of care that a "reasonable person" would exercise in a similar situation, and causes an injury as a direct result. As an example, most people know that running a stop sign at high speed is very careless, and no reasonable person would be expected to do such a thing. Doing so clearly falls below the ordinary standard of care. So, if a person runs a stop sign at high speed, and hits another car, causing injuries and property damage, they will be liable to the person they harmed for the cost of whatever harm they caused.

Fraud: Unlike negligence, fraud is an intentional tort. Like negligence, courts in Laguna Hills, California deal with it quite frequently. Put simply, fraud is a lie told for personal gain. It requires an affirmative misrepresentation, which the speaker knows to be false, intended to induce the victim to render some benefit to the speaker, which causes actual harm (such as financial loss) to the victim. It happens most often when somebody is trying to sell something for more than it's worth, and lies about the nature or value of the product to the buyer. If the buyer relies on the seller's false statements of fact in making the decision to buy the product, the seller has committed fraud. In such a case, the buyer is legally entitled to compensation for the harm suffered as a result of the fraud.

element of battery is pretty straightforward: if you engage in physical contact with another that causes pain and/or injury, you've committed battery. It's crucial to note that the contact does not need to be harmful to amount to battery - it can also be offensive. What constitutes "offensive" contact is largely subjective, and unless the conduct is truly sleazy (unwanted sexual contact, for example), a battery lawsuit is pretty unlikely to result. One of the more severe forms of battery can occur when a patient is in surgery, and the surgeon, for whatever reason, operates on the wrong body part. Because the patient did not consent to this contact, the surgeon has committed a severe form of battery.

Intentional Infliction of Emotional Distress: This is a tort in Laguna Hills, California that involves emotional distress, and does not require physical harm or financial loss. It is also known by the acronym IIED. IIED is committed when a person engages in outrageous conduct towards another, with the intent of causing emotional distress, and actually causes the intended distress.

How Can A Laguna Hills, California Tort Lawyer Help?

If somebody has harmed you, either intentionally or negligently, in Laguna Hills, California, 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 probably want to, for obvious reasons.

In either case, a Laguna Hills, California attorney who is experienced 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.