Litigation Lawyers in Needles
In Needles, California, a "tort" is defined as any civil wrong, besides breach of contract, for which the law provides a remedy.
In Needles, 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."
Needles, 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 Needles, California
Negligence: Negligence is by far the most frequent tort that results in litigation in Needles, 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: Unlike negligence, fraud is an intentional tort. Like negligence, courts in Needles, 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 commonly 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 critical 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: Intentional infliction of emotional distress, or IIED, is a relatively new tort in Needles, California. 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 suffered 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 Needles, 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 either of those cases, you will almost certainly benefit from the counsel of a competent tort lawyer in Needles, California. In addition to improving your chances of winning your case, should it go to trial, a brilliant lawyer will also make every effort to prevent the issue from going to trial in the first place, by attempting to negotiate a settlement with the other side that's acceptable to both parties.