New Orleans Tort Lawyers

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Litigation Lawyers in New Orleans

A "tort" is specified in New Orleans, Louisiana as a legal wrong, not criminal in nature, for which the law provides compensation to the victim.

In New Orleans, Louisiana, a tort is essentially 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."

Statutes and appellate court rulings in New Orleans, Louisiana recognize a very large 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 New Orleans, Louisiana

Negligence: In New Orleans, Louisiana, negligence is the most commonly-litigated tort. It is defined as a failure to act (in any situation) with a reasonable level of care, and causing harm as a result of that carelessness. For instance, if a store that's open to the public fails to remove ice from its front entrance, or put up any kind of warning, even though it knows that the ice is there, it is not exercising reasonable care. If anyone is injured as a result, the store owner will likely be required to compensate them for their injuries. This is, obviously, just an example.

Fraud: Fraud in New Orleans, Louisiana is another fairly common tort. It is a deliberate misrepresentation made for personal gain, at the expense of another. It typically involves selling a product to a person, while lying about the product's nature. If the buyer relies on the false information in making their purchasing decision, they are a victim of fraud, and can sue the person who defrauded them to recover their losses.

Battery: Battery is defined by the law of New Orleans, Louisiana 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 actually 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 essentially 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: Intentional infliction of emotional distress, or IIED, is a relatively new tort in New Orleans, Louisiana. It is committed when someone deliberately causes emotional distress or trauma to another person by engaging in outrageous conduct, with the intent of causing such distress. Note that the defendant does not need to cause physical injuries to the plaintiff to be liable for IIED, but the plaintiff does have to produce evidence that they sustained emotional distress. This evidence usually comes in the form of a report from a psychiatrist who evaluated the plaintiff's mental condition.

How Can A New Orleans, Louisiana Tort Lawyer Help?

If you believe that you've been the victim of a tort in New Orleans, Louisiana, you have a right to go to court and try to prove your case. On the other hand, if you find that you are being sued for a tort, and believe that you aren't liable, you have every right to defend yourself in court.

In both cases, a reputable New Orleans, Louisiana tort lawyer will probably prove indispensable. The best thing you can do early in the process is make a good-faith effort to negotiate a settlement with the other side, to prevent the matter from going to trial in the first place, which will often prove more costly than settling. Most tort lawyers are also skilled negotiators, and will be able to help you on this front, too.

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Life in New Orleans

New Orleans is the largest city in the State of Louisiana and know to most as "The Big Easy" but locals just call it "Nawlins." Despite natural disasters of the past few years, New Orleans has rebounded back once again and plays host to one of the most unique multicultural communities in the entire United States. New Orleans is famous for being the birthplace of jazz, Creole cuisine and culture, and their annual blowout celebrations like Mardi Gras during Spring Break. In fact, tourism plays a major role in the New Orleans economy. It has been consistently voted one of "America's Favorite Cities" by Travel Magazine. New Orleans' sports teams like the Saints and Hornets, local universities like Tulane and Loyola, and cultural attractions like the French Quarter draw a high number of visitors.

The City of New Orleans is known globally for its diverse representation of unique architecture. The Port of New Orleans is touted as one of the busiest and most expansive in the world. The city is a major southern hub for transportation and distribution. Acme Truck Line and Boh Brothers Construction are two of the city's significant employers. In addition to oil refineries and chemical production, New Orleans is home to the second largest coffee roasting plant in the world. It's owned and operated by Folgers Coffee.

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