Litigation Lawyers in Marion
A "tort" is specified in Marion, Indiana as a legal wrong, not criminal in nature, for which the law provides compensation to the victim.
Essentially, a tort in Marion, Indiana is any wrongful action committed by one individual against another, which gives the victim of the wrongdoing the legal right to sue the wrongdoer. This is identified as a "cause of action."
Statutes and appellate court rulings in Marion, Indiana recognize a very considerable 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 Marion, Indiana
Negligence: This is by far the tort that is most frequently dealt with in the courts of Marion, Indiana. 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 obligated 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: Unlike negligence, fraud is an intentional tort. Like negligence, courts in Marion, Indiana deal with it quite often. Put simply, fraud is a lie told for personal gain. It requires an affirmative misrepresentation, which the speaker knows to be false, intended to induce the victim to render some benefit to the speaker, which causes actual harm (such as financial loss) to the victim. It occurs most frequently when somebody is trying to sell something for more than it's worth, and lies about the nature or value of the product to the buyer. If the buyer relies on the seller's false statements of fact in making the decision to buy the product, the seller has committed fraud. In such a situation, the buyer is legally entitled to compensation for the harm suffered as a result of the fraud.
Battery: Battery is defined by the law of Marion, Indiana 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 directly 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 typically 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: This is a tort in Marion, Indiana that involves emotional distress, and does not need physical harm or financial loss. It is also known by the acronym IIED. IIED is committed when a person engages in outrageous conduct towards another, with the intent of causing emotional distress, and directly causes the intended distress.
How Can A Marion, Indiana Tort Lawyer Help?
If you think that someone might have committed a tort against you in Marion, Indiana, you can sue the alleged wrongdoer to seek compensation for your injuries. And, of course, if you are being sued for a tort (or anything else), you are completely entitled to put up the best legal defense you can.
In either of those situations, you will almost definitely benefit from the counsel of a competent tort lawyer in Marion, Indiana. In addition to improving your chances of winning your case, should it go to trial, a reliable 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.