Litigation Lawyers in Milford
A "tort" is specified in Milford, Michigan as a legal wrong, not criminal in nature, for which the law provides compensation to the victim.
When a tort is committed in Milford, Michigan, thereby giving the victim the legal right to sue the person who allegedly harmed them, the victim's right to sue is recognized as a "cause of action."
The law in Milford, Michigan 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 Milford, Michigan
Negligence: In Milford, Michigan, 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 an intentional tort, unlike negligence. It is also dealt with fairly frequently by courts in Milford, Michigan. Fraud is a lie that one person tells to another, with the intent to harm the other person, normally by inducing them to give money or property to the person committing the fraud. Fraud can occur in a wide number of different contexts. For instance, suppose a jeweler tries to sell a fake diamond to a customer, by passing it off as the real thing. If the customer believes the jeweler's lie, and bases his buying decision on it, the jeweler has committed fraud. If the customer discovers this fraud, he will be able to sue the jeweler, and recover, at the very least, the difference between the value of the fake diamond, and what he paid for it.
Battery: Battery in Milford, Michigan 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 practically 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: Intentional infliction of emotional distress, also known as IIED, was not recognized in Milford, Michigan as a legitimate tort until the early to mid 20th Century. Nonetheless, since it became available as a cause of action, it has become one of the most common sources of civil litigation in the tort context. IIED is committed when a person engages in "outrageous" conduct towards another person, with actual intent of causing mental trauma or distress, and then really causes the intended result. Physical injuries are not necessary to prove IIED, but if the emotional trauma is so severe that it causes physical symptoms (such as a heart attack, in the most extreme cases), the defendant will be liable for them, as well.
How Can A Milford, Michigan Tort Lawyer Help?
If somebody has hurt you, either intentionally or negligently, in Milford, Michigan, you might have a cause of action. On the other hand, if you find yourself in the unenviable situation of being sued for a tort, you have a right to defend yourself, and will likely want to, for evident reasons.
In either situation, a Milford, Michigan 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.