Litigation Lawyers in Falcon Heights
A "tort" is defined in Falcon Heights, Minnesota as a legal wrong, not criminal in nature, for which the law provides compensation to the victim.
When a tort is committed in Falcon Heights, Minnesota, thereby giving the victim the legal right to sue the person who allegedly harmed them, the victim's right to sue is identified as a "cause of action."
The law of Falcon Heights, Minnesota recognizes various dozen different torts, but only a few of them are truly litigated with any frequency, and many of them are relics of a bygone age. However, there are a few torts that are litigated very frequently. These torts are negligence, fraud, intentional infliction of emotional distress, and battery.
Types of Torts in Falcon Heights, Minnesota
Negligence: This is by far the tort that is most frequently dealt with in the courts of Falcon Heights, Minnesota. 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 discernible example, and there are a practically infinite number of situations in which a negligence lawsuit can arise.
Fraud: Fraud is an intentional tort, unlike negligence. It is also dealt with fairly often by courts in Falcon Heights, Minnesota. Fraud is a lie that one person tells to another, with the intent to harm the other person, typically by inducing them to give money or property to the person committing the fraud. Fraud can occur in a wide variety of different contexts. For example, 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 Falcon Heights, Minnesota 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 essentially 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: Also known as IIED in Falcon Heights, Minnesota, intentional infliction of emotional distress is a fairly new cause of action, having not been recognized until the 20th century. In order to succeed in an IIED lawsuit, the plaintiff has to establish that the defendant engaged in some kind of "outrageous" conduct, which was severe enough to "shock the conscience" of a reasonable person. They must also show that the defendant directly intended to cause emotional distress, and did, in fact, cause severe emotional distress. Proving that the plaintiff suffered trauma or distress as a result of the defendant's conduct is not as easy as it may sound, and usually requires the testimony of a psychiatric professional who has examined the plaintiff.
How Can A Falcon Heights, Minnesota Tort Lawyer Help?
If you believe that you've been the victim of a tort in Falcon Heights, Minnesota, 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 responsible, you have every right to defend yourself in court.
In both examples, a knowledgeable Falcon Heights, Minnesota tort lawyer will probably prove indispensable. The best thing you can do early in the process is make a good-faith effort to negotiate a settlement with the other side, to prevent the matter from going to trial in the first place, which will often prove more costly than settling. Most tort lawyers are also skilled negotiators, and will be able to help you on this front, too.