Fort Myers Tort Lawyers

Find the right Litigation attorney in Fort Myers, FL

Litigation Lawyers in Fort Myers

In Fort Myers, Florida, a "tort" is specified as any civil wrong, besides breach of contract, for which the law provides a remedy.

In Fort Myers, Florida, when a tort is committed, and the victim of the tort is vested with a right to sue the individual who committed the tort, they are said to have a "cause of action."

In Fort Myers, Florida, there are laws and court rulings that recognize scores of various torts. Many of these torts are very obscure, and are almost never litigated. In the modern era, the torts that the ordinary person is most likely to face are fraud, negligence, battery, and intentional infliction of emotional distress.

Types of Torts in Fort Myers, Florida

Negligence: Negligence is the most commonly-litigated tort in Fort Myers, Florida'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 Fort Myers, Florida deal with it quite often. 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 occurs 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 situation, the buyer is legally entitled to compensation for the harm suffered as a result of the fraud.

Battery: Battery in Fort Myers, Florida 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 practically 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 is also called IIED in Fort Myers, Florida, and it was not identified as a valid cause of action until fairly recently (for the longest time, physical harm was a requirement before someone could sue for tort damages). To hold a defendant liable for IIED, it must be shown that the defendant engaged in some type of outrageous conduct, targeted at the plaintiff. Additionally, it must be shown that this conduct directly caused severe emotional distress in the plaintiff, and that that was the defendant's intent. Showing that actual emotional distress occurred is the most difficult element of this tort, and the plaintiff's word is far from sufficient. It often requires intensive examination by a psychiatrist, who will then testify as to the plaintiff's mental state.

How Can A Fort Myers, Florida Tort Lawyer Help?

If you believe that you've been the victim of a tort in Fort Myers, Florida, 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 Fort Myers, Florida. 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.

Talk to a Law Attorney now!

Life in Fort Myers

Fort Myers is one of the two cities that makes up the Cape Coral-Fort Myers Metropolitan Area in Florida. Fort Myers is home to about 618,754 people. It is known for being a "gateway" into Southwest Florida, an area comprised of the cities tourists mostly visit.

Some popular attractions in Fort Myers includes the Art of the Olympians, Edison and Ford Winter Estates, Murphy-Burroughs House, Edison Mall, and the Calusa Nature Center and Planetarium. Fort Myers is also home to the training facility for the Red Sox!

Fort Myers is filled with many small law offices and firms specializing in all areas of law, and ready to serve the community. The legal force in Fort Myers is quiet capable of handling the legal needs of residents.

All in all, Fort Myers is a quaint city in Florida. It may not have the stretch of beaches that Florida is known for, but it definitely is a city with some small town charm!

Clients Rate LegalMatch Attorneys
(click to read reviews)

Howard B.
Howard B.

Business - Litigation

Rye Brook, NY

Mark B.
Mark B.

Business - Litigation

Roseland, NJ

David A.
David A.

Business - Litigation

Walnut Creek, CA

Gotham Light