Litigation Lawyers in Desloge
A "tort" is specified in Desloge, Missouri as a legal wrong, not criminal in nature, for which the law provides compensation to the victim.
When a tort is committed in Desloge, Missouri, 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."
Desloge, Missouri'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 Desloge, Missouri
Negligence: In Desloge, Missouri, 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: In Desloge, Missouri, 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 happens 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: Battery in Desloge, Missouri 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 is also called IIED in Desloge, Missouri, and it was not identified 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 Desloge, Missouri Tort Lawyer Help?
If someone has committed a tort against in you Desloge, Missouri, you have a legal power to seek compensation. Additionally, if someone has sued you, alleging that you committed a tort, you have a right to mount a legal defense.
In either of those situations, you will almost definitely benefit from the counsel of a competent tort lawyer in Desloge, Missouri. In addition to improving your chances of winning your case, should it go to trial, a seasoned 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.