Homestead Tort Lawyers

Find the right Litigation attorney in Homestead, FL

Litigation Lawyers in Homestead

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

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

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

Types of Torts in Homestead, Florida

Negligence: Negligence is the most often-litigated tort in Homestead, 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: Fraud is an intentional tort, unlike negligence. It is also dealt with fairly often by courts in Homestead, Florida. Fraud is a lie that one person tells to another, with the intent to harm the other person, usually by inducing them to give money or property to the person committing the fraud. Fraud can occur in a wide variety of different contexts. For example, suppose a jeweler tries to sell a fake diamond to a customer, by passing it off as the real thing. If the customer believes the jeweler's lie, and bases his buying decision on it, the jeweler has committed fraud. If the customer discovers this fraud, he will be able to sue the jeweler, and recover, at the very least, the difference between the value of the fake diamond, and what he paid for it.

harmful or offensive, and non-consensual. For example, slapping someone on the face would be a clear case of battery, because that contact is harmful, and probably offensive as well. Unwanted physical conduct, particularly of a sexual nature, is considered offensive by just about everyone, and would also be considered battery even if it causes no physical injuries. Occasionally, a doctor will operate on the wrong body part, which the patient did not consent to be operated on. And, occasionally, doctors have performed entire operations while the patient was unconscious, which the patient didn't consent to. This is also battery, and can result in a very costly lawsuit for the doctor, though such cases are quite rare.

Intentional infliction of emotional distress: Also known as IIED in Homestead, Florida, 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 Homestead, Florida Tort Lawyer Help?

If you believe that you've been the victim of a tort in Homestead, Florida, you have a right to go to court and attempt 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 liable, you have every right to defend yourself in court.

Whatever your situation, a tort lawyer who has experience in representing people in Homestead, Florida tort cases can advise you on the best way to proceed, and give you the best chance of winning your case, whatever side you're on.

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Life in Homestead

Homestead is Miami-Dade County's second oldest city! It is located about 35 miles from Miami. Homestead has been in the news over the past few years because it was affected by Hurricane Andrew in 1992. After redevelopment, in 2002, the city experienced a building and housing boom!

Popular attractions in Homestead include ArtSouth, Coral Castle, Everglades Alligator Farm, Fruit and Spice Park, Homestead Rodeo, Homestead-Miami Speedway, Monkey Jungle, Homestead Air Reserve Base, Schnebly Redland's Winery, and Turkey Point Nuclear Generating Station.

Homestead has some small law offices that can cater to the reasonable legal inquiries of residents. For larger legal issues, nearby Miami has many small to large size law firms with excellent attorneys, capable of handling the most complex legal matters. Therefore, the residents of Homestead can remain assured that any and every legal inquiry of theirs can be easily tackled.

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