Litigation Lawyers in Westchester

A "tort" is defined in Westchester, Illinois as a legal wrong, not criminal in nature, for which the law provides compensation to the victim.

Basically, a tort in Westchester, Illinois is any wrongful action committed by one person against another, which gives the victim of the wrongdoing the legal right to sue the wrongdoer. This is known as a "cause of action."

Westchester, Illinois's laws recognize many different torts. However, the civil litigation system only deals with a few of these dozens of torts with any frequency. While the most obscure torts are occasionally litigated, there are only a small amount that the average 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 Westchester, Illinois

Negligence: In Westchester, 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 given 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 extremely careless, and everybody should know this. Of course, there are many other situations, most of them far less obvious, where negligence can occur.

Fraud: Fraud is another common tort litigated in Westchester, 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 Westchester, 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 essentially 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 Westchester, 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 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 Westchester, Illinois Tort Lawyer Help?

If someone has committed a tort against in you Westchester, Illinois, you have a legal authority 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 Westchester, Illinois 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.