Litigation Lawyers in Dixon
In Dixon, Illinois, a "tort" is specified as any civil wrong, besides breach of contract, for which the law provides a remedy.
When a tort is committed in Dixon, Illinois, thereby giving the victim the legal right to sue the person who allegedly harmed them, the victim's right to sue is known as a "cause of action."
Dixon, Illinois'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 Dixon, Illinois
Negligence: In Dixon, Illinois, negligence is, far and away, the most common tort that the civil litigation system has to deal with. Negligence is a failure to exercise the level of caution that's necessary in a particular situation, and causing harm (physical injury or property damage) as a direct result of this failure. An obvious example is drunk driving. If a person is drunk behind the wheel, and causes an accident, they are clearly going to be required to compensate the victim for whatever harm they cause, since driving while intoxicated is very careless, and everybody should know this. Of course, there are many other cases, most of them far less obvious, where negligence can occur.
Fraud: Fraud is another common tort litigated in Dixon, Illinois courts. Fraud is defined as the deliberate misrepresentation of facts made for financial, or other personal gain, which causes harm to someone else. Usually, fraud is committed when a product or service is sold, and the seller lies about the nature or quality of the thing being sold. If, in deciding to buy what the fraudster is selling, the victim relies on the false statements, the seller has committed fraud. The buyer can then sue the seller, to seek compensation for their losses. At the very least, they will usually receive the difference between the fair market value of the thing they bought, and what they paid for it.
Battery: Battery in Dixon, Illinois 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: Also known as IIED in Dixon, Illinois, 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 prove 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 Dixon, Illinois Tort Lawyer Help?
If someone has committed a tort against in you Dixon, Illinois, you have a legal power to seek compensation. Furthermore, if someone has sued you, alleging that you committed a tort, you have a right to mount a legal defense.
In either case, a Dixon, Illinois attorney who is experienced in handling tort cases will be able to help. Your lawyer can advise you on the best trial strategy, should the case go to trial, and negotiate with the other side, to try and reach a resolution that both parties can live with.