Litigation Lawyers in Millbrae
In Millbrae, California, a "tort" is defined as any civil wrong, besides breach of contract, for which the law provides a remedy.
In Millbrae, 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."
Millbrae, California's laws recognize many different torts. However, the civil litigation system only deals with a few of these dozens of torts with any frequency. While the most obscure torts are occasionally litigated, there are only a small amount that the average person is likely to deal with (either as a plaintiff or defendant) at some point in their lives. They include fraud, negligence, intentional infliction of emotional distress, and battery.
Types of Torts in Millbrae, California
Negligence: Negligence is by far the most common tort that results in litigation in Millbrae, California. Negligence is a failure to exercise the amount of care appropriate for a given situation, and causing harm to someone else as a result of this carelessness. For example, running a red light is inherently careless. If you run a red light, and cause personal injury or property damage, you are liable for the harm you caused. Of course, this is just one example, and negligence can occur in essentially any context.
Fraud: Fraud is another common tort litigated in Millbrae, California courts. Fraud is defined as the deliberate misrepresentation of facts made for financial, or other personal gain, which causes harm to someone else. Usually, fraud is committed when a product or service is sold, and the seller lies about the nature or quality of the thing being sold. If, in deciding to buy what the fraudster is selling, the victim relies on the false statements, the seller has committed fraud. The buyer can then sue the seller, to seek compensation for their losses. At the very least, they will usually receive the difference between the fair market value of the thing they bought, and what they paid for it.
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 essential 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: Also known as IIED in Millbrae, California, intentional infliction of emotional distress is a fairly new cause of action, having not been recognized until the 20th century. In order to prevail in an IIED lawsuit, the plaintiff has to prove that the defendant engaged in some kind of "outrageous" conduct, which was severe enough to "shock the conscience" of a reasonable person. They must also show that the defendant actually intended to cause emotional distress, and did, in fact, cause severe emotional distress. Proving that the plaintiff suffered trauma or distress as a result of the defendant's conduct is not as easy as it may sound, and usually requires the testimony of a psychiatric professional who has examined the plaintiff.
How Can A Millbrae, California Tort Lawyer Help?
If you have been the victim of a tort in , California, you have the authority to seek legal redress. And if you have been sued for a tort, you have a right to defend yourself.
In both examples, a good Millbrae, California 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.