Litigation Lawyers in St. Joseph County
A "tort" is specified in St. Joseph County, Indiana as a legal wrong, not criminal in nature, for which the law provides compensation to the victim.
Essentially, a tort in St. Joseph County, 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 St. Joseph County, 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 St. Joseph County, Indiana
Negligence: In St. Joseph County, Indiana, negligence is, far and away, the most prevalent 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 apparent, where negligence can occur.
Fraud: Fraud is an intentional tort, unlike negligence. It is also dealt with fairly frequently by courts in St. Joseph County, Indiana. Fraud is a lie that one person tells to another, with the intent to harm the other person, typically 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.
harmful or offensive, and non-consensual. For example, slapping someone on the face would be a clear case of battery, because that contact is harmful, and probably offensive as well. Unwanted physical conduct, especially of a sexual nature, is considered offensive by just about everyone, and would also be considered battery even if it causes no physical injuries. Sometimes, a doctor will operate on the wrong body part, which the patient did not consent to be operated on. And, sometimes, doctors have performed entire operations while the patient was unconscious, which the patient didn't consent to. This is also battery, and can result in a very costly lawsuit for the doctor, though such cases are quite rare.
Intentional Infliction of Emotional Distress: This is a tort in St. Joseph County, 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 St. Joseph County, Indiana Tort Lawyer Help?
If somebody has injured you, either intentionally or negligently, in St. Joseph County, Indiana, you might have a cause of action. On the other hand, if you find yourself in the unenviable situation of being sued for a tort, you have a right to defend yourself, and will likely want to, for apparent reasons.
In either case, a St. Joseph County, Indiana attorney who is efficient 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.