Somerville Tort Lawyers

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Litigation Lawyers in Somerville

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

In Somerville, 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 Somerville, 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 Somerville, Massachusetts

Negligence: Negligence is the most frequently-litigated tort in Somerville, Massachusetts's civil litigation system. Negligence occurs when somebody does not exercise the level of care that a "reasonable person" would exercise in a similar situation, and causes an injury as a direct result. As an example, most people know that running a stop sign at high speed is very careless, and no reasonable person would be expected to do such a thing. Doing so clearly falls below the ordinary standard of care. So, if a person runs a stop sign at high speed, and hits another car, causing injuries and property damage, they will be liable to the person they harmed for the cost of whatever harm they caused.

Fraud: Fraud is another prevalent tort litigated in Somerville, Massachusetts courts. Fraud is defined as the deliberate misrepresentation of facts made for financial, or other personal gain, which causes harm to someone else. Typically, 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 typically receive the difference between the fair market value of the thing they bought, and what they paid for it.

Battery: The law in Somerville, Massachusetts defines battery as any harmful or offensive contact by one person, with the body of another person, without the consent of the victim. Any punch, kick, strike, or slap would clearly amount to battery, since it is harmful, unless it results in a context where the person being battered consented to it (a lawful boxing match, for example). However, conduct that doesn't cause any physical harm, but is "offensive," can also be considered battery. This most often comes up when one person initiates unwanted sexual contact with another.

Intentional Infliction of Emotional Distress: Intentional infliction of emotional distress is also called IIED in Somerville, Massachusetts, 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 Somerville, Massachusetts Tort Lawyer Help?

If someone has committed a tort against in you Somerville, 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 either case, a Somerville, Massachusetts tort lawyer will be able to advise you of your rights, and ensure that you have the best possible chance of prevailing in your case.

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Life in Somerville

Located in Middlesex County, Sommerville, Massachusetts is just two miles north from the state capital of Boston. Sommerville has a population of just under 80,000 residents and is listed as the most densely populated communities in all of New England.

Sommerville was first settled in 1630 and is now considered to be one of the most ethnically diverse communities in all of the United States, with many recent immigrants from Brazil, El Salvador, and Haiti. With over fifty spoken languages used in Somerville schools and 1/3 of the city population born i another country, it is no wonder Somerville has such an ethnic distinction.

Arts and culture is another noteworthy aspect of the New England city. Next to New York, Somerville houses more artists per capita than any other city. The city hosts many artistic events such as the Somerville Arts Council, Brickbottom Artist Association, and the ArtBeat Festival.

Diversity and culture make for the perfect location for many of New England's top lawyers to set up show. Somerville lawyers are skilled in a rage of specialties and able to help their neighbor with any legal issue he or she may encounter. There is a thriving legal community in Sommerville, many coming from top law schools located in Boston.

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