Litigation Lawyers in Scott City
In Scott City, 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 Scott City, 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 recognized as a "cause of action."
In Scott City, 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 Scott City, Missouri
Negligence: Negligence is the most commonly-litigated tort in Scott City, Missouri's civil litigation system. Negligence occurs when somebody does not exercise the level of care that a "reasonable person" would exercise in a similar situation, and causes an injury as a direct result. As an example, most people know that running a stop sign at high speed is very careless, and no reasonable person would be expected to do such a thing. Doing so clearly falls below the ordinary standard of care. So, if a person runs a stop sign at high speed, and hits another car, causing injuries and property damage, they will be liable to the person they harmed for the cost of whatever harm they caused.
Fraud: Fraud is an intentional tort, unlike negligence. It is also dealt with fairly often by courts in Scott City, Missouri. Fraud is a lie that one person tells to another, with the intent to harm the other person, normally 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 Scott City, 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 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: Intentional infliction of emotional distress, also known as IIED, was not recognized in Scott City, 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 really 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 Scott City, Missouri Tort Lawyer Help?
If you think that someone might have committed a tort against you in Scott City, Missouri, you can sue the alleged wrongdoer to seek compensation for your injuries. And, of course, if you are being sued for a tort (or anything else), you are absolutely entitled to put up the best legal defense you can.
In either of those cases, you will almost certainly benefit from the counsel of a competent tort lawyer in Scott City, Missouri. In addition to improving your chances of winning your case, should it go to trial, a brilliant 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.