Litigation Lawyers in North Lauderdale
In North Lauderdale, Florida, a "tort" is defined as any civil wrong, besides breach of contract, for which the law provides a remedy.
In North Lauderdale, 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."
The law of North Lauderdale, Florida recognizes various dozen different torts, but only a few of them are truly litigated with any frequency, and many of them are relics of a bygone age. However, there are a few torts that are litigated very frequently. These torts are negligence, fraud, intentional infliction of emotional distress, and battery.
Types of Torts in North Lauderdale, Florida
Negligence: This is by far the tort that is most frequently dealt with in the courts of North Lauderdale, Florida. 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 required to compensate the victim for the harm that you caused. You should know, however, that this is just an noticeable example, and there are a practically infinite number of situations in which a negligence lawsuit can arise.
Fraud: Fraud in North Lauderdale, Florida is another fairly typical tort. It is a deliberate misrepresentation made for personal gain, at the expense of another. It normally involves selling a product to a person, while lying about the product's nature. If the buyer relies on the false information in making their purchasing decision, they are a victim of fraud, and can sue the person who defrauded them to recover their losses.
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 crucial 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: Also known as IIED in North Lauderdale, Florida, intentional infliction of emotional distress is a fairly new cause of action, having not been recognized until the 20th century. In order to succeed in an IIED lawsuit, the plaintiff has to establish 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 directly 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 North Lauderdale, Florida Tort Lawyer Help?
If someone has committed a tort against in you North Lauderdale, Florida, you have a legal right to seek compensation. Moreover, if someone has sued you, alleging that you committed a tort, you have a right to mount a legal defense.
In either case, a North Lauderdale, Florida tort lawyer will be able to advise you of your rights, and ensure that you have the best possible chance of prevailing in your case.