Litigation Lawyers in Adams
A "tort" is defined in Adams, Massachusetts as a legal wrong, not criminal in nature, for which the law provides compensation to the victim.
In Adams, Massachusetts, when a tort is committed, and the victim of the tort is vested with a right to sue the person who committed the tort, they are said to have a "cause of action."
The law in Adams, Massachusetts recognizes dozens of different torts. Some of them are fairly obscure, and don't come up often, and are largely relics of the common law. The torts that a person is most likely to deal with at some point in his or her life are negligence, fraud, battery, and intentional infliction of emotional distress.
Types of Torts in Adams, Massachusetts
Negligence: This is by far the tort that is most frequently dealt with in the courts of Adams, Massachusetts. 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 required to compensate the victim for the harm that you caused. You should know, however, that this is just an apparent 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 Adams, Massachusetts deal with it quite frequently. 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 happens 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 case, the buyer is legally entitled to compensation for the harm suffered as a result of the fraud.
Battery: Battery in Adams, Massachusetts 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 virtually 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 Adams, Massachusetts, intentional infliction of emotional distress is a fairly new cause of action, having not been recognized until the 20th century. In order to succeed in an IIED lawsuit, the plaintiff has to establish 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 directly 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 Adams, Massachusetts Tort Lawyer Help?
If someone has committed a tort against in you Adams, Massachusetts, you have a legal right to seek compensation. Moreover, if someone has sued you, alleging that you committed a tort, you have a right to mount a legal defense.
In both situations, a knowledgeable Adams, Massachusetts 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.