Litigation Lawyers in Paradise
In Paradise, California, a "tort" is specified as any civil wrong, besides breach of contract, for which the law provides a remedy.
In Paradise, California, a tort is essentially 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."
Paradise, California's laws recognize many different torts. Nonetheless, the civil litigation system only deals with a few of these dozens of torts with any frequency. While the most obscure torts are sometimes litigated, there are only a small amount that the ordinary 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 Paradise, California
Negligence: Negligence is by far the most frequent tort that results in litigation in Paradise, California. Negligence is a failure to exercise the amount of care appropriate for a certain situation, and causing harm to someone else as a result of this carelessness. For instance, 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 instance, and negligence can occur in practically any context.
Fraud: In Paradise, California, 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.
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 necessary 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 grave 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 Paradise, 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 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 Paradise, California Tort Lawyer Help?
If you believe that you've been the victim of a tort in Paradise, California, you have a right to go to court and try to prove your case. On the other hand, if you find that you are being sued for a tort, and believe that you aren't accountable, you have every right to defend yourself in court.
In either of those situations, you will almost definitely benefit from the counsel of a competent tort lawyer in Paradise, California. In addition to improving your chances of winning your case, should it go to trial, a seasoned 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.