Battle Creek Tort Lawyers

Find the right Litigation attorney in Battle Creek, MI

Litigation Lawyers in Battle Creek

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

In Battle Creek, Michigan, 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 Battle Creek, Michigan recognize a very considerable 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 Battle Creek, Michigan

Negligence: This is by far the tort that is most frequently dealt with in the courts of Battle Creek, Michigan. 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 noticeable 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 Battle Creek, Michigan 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 is defined by the law of Battle Creek, Michigan 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 directly 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 typically 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: Intentional infliction of emotional distress is also called IIED in Battle Creek, Michigan, 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 Battle Creek, Michigan Tort Lawyer Help?

If you have been the victim of a tort in , Michigan, you have the right to seek legal redress. And if you have been sued for a tort, you have a right to defend yourself.

In either of those cases, you will almost certainly benefit from the counsel of a competent tort lawyer in Battle Creek, Michigan. In addition to improving your chances of winning your case, should it go to trial, a knowledgeable lawyer will also make every effort to prevent the issue from going to trial in the first place, by attempting to negotiate a settlement with the other side that's acceptable to both parties.

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Life in Battle Creek

Battle Creek is located in Calhoun County, Michigan. Per the 2010 census, 52,347 call people call Battle Creek home. The city's nickname is "Cereal City" because the Kellogg Company headquarters and corporate location of Post Cereals is in Battle Creek. Also, Battle Creek is the third largest city in Michigan, after Detroit and Grand Rapids.

The city's largest employers include Kellogg, Harte-Dole-Inouye Federal Center, Denso, Battle Creek Health System, Battle Creek VA Medical Center, the school district, ASMO Manufacturing, and the Michigan Air National Guard. To support these employers, as well as residents, Battle Creek is also home to law firms that train excellent attorneys who focus on providing the best legal services.

Some great sites to check out in Battle Creek is the Bailey Park C.O. Brown Stadium, Binder Park Zoo, Firekeepers Casino, Full Blast Outdoor Water Park, W.K. Kellogg Manor House, Kimball House Museum, Kingman Museum and Planetarium, Leila Arboretum, Linear Park, and Willard Beach and Park.

Overall, Battle Creek is a wonderful place to live and visit!

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