Litigation Lawyers in Wadena
A "tort" is specified in Wadena, Minnesota as a legal wrong, not criminal in nature, for which the law provides compensation to the victim.
When a tort is committed in Wadena, 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."
Wadena, Minnesota's laws recognize many different torts. Nonetheless, the civil litigation system only deals with a few of these dozens of torts with any frequency. While the most obscure torts are sometimes litigated, there are only a small amount that the ordinary person is likely to deal with (either as a plaintiff or defendant) at some point in their lives. They include fraud, negligence, intentional infliction of emotional distress, and battery.
Types of Torts in Wadena, Minnesota
Negligence: This is by far the tort that is most commonly dealt with in the courts of Wadena, 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 obligated 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 in Wadena, Minnesota is another fairly frequent tort. It is a deliberate misrepresentation made for personal gain, at the expense of another. It usually involves selling a product to a person, while lying about the product's nature. If the buyer relies on the false information in making their purchasing decision, they are a victim of fraud, and can sue the person who defrauded them to recover their losses.
element of battery is pretty straightforward: if you engage in physical contact with another that causes pain and/or injury, you've committed battery. It's essential to note that the contact does not need to be harmful to amount to battery - it can also be offensive. What constitutes "offensive" contact is largely subjective, and unless the conduct is truly sleazy (unwanted sexual contact, for example), a battery lawsuit is pretty unlikely to result. One of the more grave forms of battery can occur when a patient is in surgery, and the surgeon, for whatever reason, operates on the wrong body part. Because the patient did not consent to this contact, the surgeon has committed a severe form of battery.
Intentional infliction of emotional distress: Also known as IIED in Wadena, Minnesota, intentional infliction of emotional distress is a fairly new cause of action, having not been recognized until the 20th century. In order to win in an IIED lawsuit, the plaintiff has to show 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 prove that the defendant really 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 Wadena, Minnesota Tort Lawyer Help?
If you have been the victim of a tort in , Minnesota, you have the power to seek legal redress. And if you have been sued for a tort, you have a right to defend yourself.
In either case, a Wadena, Minnesota attorney who is accomplished in handling tort cases will be able to help. Your lawyer can advise you on the best trial strategy, should the case go to trial, and negotiate with the other side, to try and reach a resolution that both parties can live with.