Litigation Lawyers in Sterling Heights
A "tort" is defined in Sterling Heights, Michigan as a legal wrong, not criminal in nature, for which the law provides compensation to the victim.
When a tort is committed in Sterling Heights, Michigan, thereby giving the victim the legal right to sue the person who allegedly harmed them, the victim's right to sue is known as a "cause of action."
The law in Sterling Heights, Michigan 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 Sterling Heights, Michigan
Negligence: In Sterling Heights, Michigan, negligence is the most commonly-litigated tort. It is defined as a failure to act (in any situation) with a reasonable level of care, and causing harm as a result of that carelessness. For example, if a store that's open to the public fails to remove ice from its front entrance, or put up any kind of warning, even though it knows that the ice is there, it is not exercising reasonable care. If someone is injured as a result, the store owner will likely be required to compensate them for their injuries. This is, obviously, just an example.
Fraud: Unlike negligence, fraud is an intentional tort. Like negligence, courts in Sterling Heights, 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 often 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 Sterling Heights, 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 actually 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 essentially 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 Sterling Heights, 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. Furthermore, it must be shown that this conduct directly caused severe emotional distress in the plaintiff, and that that was the defendant's intent. Proving 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 Sterling Heights, Michigan Tort Lawyer Help?
If someone has committed a tort against in you Sterling Heights, Michigan, you have a legal right to seek compensation. Furthermore, if someone has sued you, alleging that you committed a tort, you have a right to mount a legal defense.
In either of those cases, you will almost certainly benefit from the counsel of a competent tort lawyer in Sterling Heights, Michigan. In addition to improving your chances of winning your case, should it go to trial, a good 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.