Lowell Tort Lawyers

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Litigation Lawyers in Lowell

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

In Lowell, Massachusetts, when a tort is committed, and the victim of the tort is vested with a right to sue the individual who committed the tort, they are said to have a "cause of action."

The law in Lowell, Massachusetts recognizes dozens of different torts. Some of them are fairly obscure, and don't come up frequently, and are largely relics of the common law. The torts that a person is most likely to deal with at some time in his or her life are negligence, fraud, battery, and intentional infliction of emotional distress.

Types of Torts in Lowell, Massachusetts

Negligence: In Lowell, Massachusetts, negligence is, far and away, the most frequent 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 evident, where negligence can occur.

Fraud: Fraud is another frequent tort litigated in Lowell, Massachusetts courts. Fraud is defined as the deliberate misrepresentation of facts made for financial, or other personal gain, which causes harm to someone else. Normally, fraud is committed when a product or service is sold, and the seller lies about the nature or quality of the thing being sold. If, in deciding to buy what the fraudster is selling, the victim relies on the false statements, the seller has committed fraud. The buyer can then sue the seller, to seek compensation for their losses. At the very least, they will normally receive the difference between the fair market value of the thing they bought, and what they paid for it.

Battery: Battery is defined by the law of Lowell, Massachusetts 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 really 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 basically 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 is also called IIED in Lowell, Massachusetts, and it was not identified 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. Additionally, it must be shown that this conduct directly caused severe emotional distress in the plaintiff, and that that was the defendant's intent. Showing 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 Lowell, Massachusetts Tort Lawyer Help?

If you believe that you've been the victim of a tort in Lowell, Massachusetts, 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 accountable, you have every right to defend yourself in court.

Whatever your situation, a tort lawyer who has expertise in representing people in Lowell, Massachusetts 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.

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Life in Lowell

Lowell, Massachusetts is the fourth largest city in the state with a population of over 106,000. Along with Cambridge, Lowell serves as the county seat for Middlesex County. Lowell is most famous for being "the birthplace of the industrial revolution" within the U.S. It was the first U.S. city to have phone numbers, and Alexander Graham Bell once demonstrated the telephone in Lowell.

The city offers many of the amenities of a large city, while at the same time maintaining a small-town culture. Neighborhoods in Lowell, Massachusetts proudly display historic homes in a variety of styles, such as Colonials, Capes, Ranches, and Victorians. Lowell is also one of the oldest cities in the state and has produced many outstanding figures in American history, such as author Jack Kerouac and entertainer Ed McMahon.

In addition to preserving its rich history, Lowell is known for constantly employing new technologies and innovations. For example, the city is home to Lowell Telecommunications, which is a dynamic, evolving community media center. The Revolving Museum is another facility that offers public art exhibits and educational programs. Lowell's focus on economic and business development has provided the community with ample opportunities for progress and advancement.

Many lawyers in Lowell, Massachusetts work closely with the Lowell District Court. Lowell lawyers offer legal services in many different fields to cover the needs of the community. Lowell is known for being host to a large number of civic service organizations, which many lawyers are active in.

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