Litigation Lawyers in Dunwoody
In Dunwoody, Georgia, a "tort" is specified as any civil wrong, besides breach of contract, for which the law provides a remedy.
In Dunwoody, Georgia, 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."
Statutes and appellate court rulings in Dunwoody, Georgia recognize a very large number of different torts. However, most of these torts are largely relics of history, and are no longer litigated very frequently, if at all. There are only a few that the average person has a decent chance of dealing with at least once in their lives. They include, but aren't limited to, negligence, fraud, intentional infliction of emotional distress, and battery.
Types of Torts in Dunwoody, Georgia
Negligence: Negligence is by far the most common tort that results in litigation in Dunwoody, Georgia. 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: Fraud is an intentional tort, unlike negligence. It is also dealt with fairly frequently by courts in Dunwoody, Georgia. 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 number of different contexts. For instance, 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.
Battery: Battery is defined by the law of Dunwoody, Georgia as any contact by one person, with the body of another, which is offensive or harmful. Any conduct that causes physical injury, pain, or emotional distress is battery. Also, you do not need to actually touch a person with your own body to commit battery - simply directing harmful contact (say, by throwing a rock) toward another person is sufficient to create liability for battery. Battery can also arise from "offensive" contact, which is essentially any physical contact that violates one's sense of personal dignity constitutes battery, and the victim could technically sue over it. Nonetheless, in most cases like that, the plaintiff hasn't sustained any real harm, and will only be able to recover nominal damages, which would be far, far less than the cost of filing a lawsuit.
Intentional Infliction of Emotional Distress: Intentional infliction of emotional distress, or IIED, is a relatively new tort in Dunwoody, Georgia. 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 usually comes in the form of a report from a psychiatrist who evaluated the plaintiff's mental condition.
How Can A Dunwoody, Georgia Tort Lawyer Help?
If you believe that you've been the victim of a tort in Dunwoody, Georgia, 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 liable, 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 Dunwoody, Georgia. In addition to improving your chances of winning your case, should it go to trial, a reputable 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.