Litigation Lawyers in Jennings
In Jennings, Missouri, a "tort" is any wrongful act, besides a breach of contract or a crime, that the legal system can remedy.
Basically, a tort in Jennings, Missouri is any wrongful action committed by one person against another, which gives the victim of the wrongdoing the legal right to sue the wrongdoer. This is known as a "cause of action."
In Jennings, Missouri, there are laws and court rulings that recognize scores of different torts. Many of these torts are very obscure, and are almost never litigated. In the modern era, the torts that the average person is most likely to face are fraud, negligence, battery, and intentional infliction of emotional distress.
Types of Torts in Jennings, Missouri
Negligence: In Jennings, Missouri, negligence is, far and away, the most common 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 given 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 extremely careless, and everybody should know this. Of course, there are many other situations, most of them far less obvious, where negligence can occur.
Fraud: In Jennings, Missouri, fraud is a fairly common tort that the local court system has to deal with, though it may not be quite as common 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.
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 necessary 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 severe 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: Intentional infliction of emotional distress, also known as IIED, was not recognized in Jennings, Missouri as a valid tort until the early to mid 20th Century. However, since it became available as a cause of action, it has become one of the most common sources of civil litigation in the tort context. IIED is committed when a person engages in "outrageous" conduct towards another person, with actual intent of causing mental trauma or distress, and then actually causes the intended result. Physical injuries are not necessary to prove IIED, but if the emotional trauma is so severe that it causes physical symptoms (such as a heart attack, in the most extreme cases), the defendant will be liable for them, as well.
How Can A Jennings, Missouri Tort Lawyer Help?
If somebody has harmed you, either intentionally or negligently, in Jennings, Missouri, 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 obvious reasons.
Whatever your situation, a tort lawyer who has experience in representing people in Jennings, Missouri 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.