Litigation Lawyers in San Clemente
In San Clemente, California, a "tort" is specified as any civil wrong, besides breach of contract, for which the law provides a remedy.
In San Clemente, 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."
San Clemente, 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 San Clemente, California
Negligence: This is by far the tort that is most commonly dealt with in the courts of San Clemente, California. Put simply, negligence is a failure to exercise a reasonable amount of care, and causing harm to someone as a result. For instance, driving 30 miles per hour over the speed limit is obviously very careless. So, if you are driving that fast, and your speed causes you to get into an accident that harms someone else (either their body or their property), you have committed negligence, and will be obligated to compensate the victim for the harm that you caused. You should know, however, that this is just an apparent example, and there are a practically infinite number of situations in which a negligence lawsuit can arise.
Fraud: In San Clemente, 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.
Battery: Battery in San Clemente, California 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 basically 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 San Clemente, California as a legitimate tort until the early to mid 20th Century. Nonetheless, 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 really 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.
How Can A San Clemente, California Tort Lawyer Help?
If someone has committed a tort against in you San Clemente, California, you have a legal option to seek compensation. Additionally, if someone has sued you, alleging that you committed a tort, you have a right to mount a legal defense.
In either of those situations, you will almost definitely benefit from the counsel of a competent tort lawyer in San Clemente, 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.