Litigation Lawyers in Madawaska
A "tort" is defined in Madawaska, Maine as a legal wrong, not criminal in nature, for which the law provides compensation to the victim.
In Madawaska, Maine, 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."
Statutes and appellate court rulings in Madawaska, Maine recognize a very massive number of different torts. However, most of these torts are largely relics of history, and are no longer litigated very often, 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 Madawaska, Maine
Negligence: Negligence is by far the most frequent tort that results in litigation in Madawaska, Maine. 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: Fraud is another frequent tort litigated in Madawaska, Maine 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 Madawaska, Maine 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. However, in most cases like that, the plaintiff hasn't suffered 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: This is a tort in Madawaska, Maine that involves emotional distress, and does not require physical harm or financial loss. It is also known by the acronym IIED. IIED is committed when a person engages in outrageous conduct towards another, with the intent of causing emotional distress, and really causes the intended distress.
How Can A Madawaska, Maine Tort Lawyer Help?
If you believe that you've been the victim of a tort in Madawaska, Maine, you have a right to go to court and attempt 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 experience in representing people in Madawaska, Maine 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.