Litigation Lawyers in Chisholm

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

When a tort is committed in Chisholm, Minnesota, 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 of Chisholm, Minnesota recognizes many dozen different torts, but only a few of them are really litigated with any frequency, and many of them are relics of a bygone age. However, there are a few torts that are litigated very commonly. These torts are negligence, fraud, intentional infliction of emotional distress, and battery.

Types of Torts in Chisholm, Minnesota

Negligence: Negligence is by far the most frequent tort that results in litigation in Chisholm, Minnesota. 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 virtually any context.

Fraud: In Chisholm, Minnesota, fraud is a fairly frequent tort that the local court system has to deal with, though it may not be quite as frequent as negligence. To put it in the simplest terms possible, fraud is a deliberate lie that causes tangible harm (such as financial loss) to the person to whom the lie is told. Fraud is committed in a wide variety of contexts, but it most often occurs when someone is trying to sell a product for more than it's worth. They might lie to a prospective buyer about the product's quality or value. If the buyer relies on this misrepresentation when deciding to buy the product, they are the victim of fraud, and have a right to sue the seller for their financial losses, and possibly recover punitive damages.

Battery: The law in Chisholm, Minnesota 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 happens 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 Chisholm, Minnesota, 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. Additionally, it must be shown that this conduct directly caused severe emotional distress in the plaintiff, and that that was the defendant's intent. Showing 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 Chisholm, Minnesota Tort Lawyer Help?

If somebody has hurt you, either intentionally or negligently, in Chisholm, Minnesota, 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 probably want to, for evident reasons.

Whatever your situation, a tort lawyer who has experience in representing people in Chisholm, Minnesota 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.