Litigation Lawyers in Fayette County

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

In Fayette County, Kentucky, a tort is basically any bad thing that one person can do to another, which the law says the victim can sue over. This is called a "cause of action."

Fayette County, Kentucky'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 Fayette County, Kentucky

Negligence: Negligence is by far the most prevalent tort that results in litigation in Fayette County, Kentucky. Negligence is a failure to exercise the amount of care appropriate for a given situation, and causing harm to someone else as a result of this carelessness. For example, 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 example, and negligence can occur in essentially any context.

Fraud: In Fayette County, Kentucky, fraud is a fairly prevalent tort that the local court system has to deal with, though it may not be quite as prevalent as negligence. To put it in the simplest terms possible, fraud is a deliberate lie that causes tangible harm (such as financial loss) to the person to whom the lie is told. Fraud is committed in a wide variety of contexts, but it most often occurs when someone is trying to sell a product for more than it's worth. They might lie to a prospective buyer about the product's quality or value. If the buyer relies on this misrepresentation when deciding to buy the product, they are the victim of fraud, and have a right to sue the seller for their financial losses, and possibly recover punitive damages.

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, particularly of a sexual nature, is considered offensive by just about everyone, and would also be considered battery even if it causes no physical injuries. Occasionally, a doctor will operate on the wrong body part, which the patient did not consent to be operated on. And, occasionally, 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: Intentional infliction of emotional distress is also called IIED in Fayette County, Kentucky, and it was not recognized as a valid cause of action until fairly recently (for the longest time, physical harm was a requirement before someone could sue for tort damages). To hold a defendant liable for IIED, it must be shown that the defendant engaged in some type of outrageous conduct, targeted at the plaintiff. Moreover, it must be shown that this conduct directly caused severe emotional distress in the plaintiff, and that that was the defendant's intent. Establishing that actual emotional distress occurred is the most difficult element of this tort, and the plaintiff's word is far from sufficient. It often requires intensive examination by a psychiatrist, who will then testify as to the plaintiff's mental state.

How Can A Fayette County, Kentucky Tort Lawyer Help?

If you have been the victim of a tort in , Kentucky, you have the authority to seek legal redress. And if you have been sued for a tort, you have a right to defend yourself.

Whatever your situation, a tort lawyer who has experience in representing people in Fayette County, Kentucky tort cases can advise you on the best way to proceed, and give you the best chance of winning your case, whatever side you're on.