Litigation Lawyers in Oxford
In Oxford, Mississippi, a "tort" is any wrongful act, besides a breach of contract or a crime, that the legal system can remedy.
Basically, a tort in Oxford, Mississippi 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."
Oxford, Mississippi's laws recognize many different torts. However, the civil litigation system only deals with a few of these dozens of torts with any frequency. While the most obscure torts are occasionally litigated, there are only a small amount that the average 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 Oxford, Mississippi
Negligence: In Oxford, Mississippi, 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 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 evident, where negligence can occur.
Fraud: In Oxford, Mississippi, 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 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 Oxford, Mississippi 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 Oxford, Mississippi Tort Lawyer Help?
If someone has committed a tort against in you Oxford, Mississippi, you have a legal authority 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 case, an Oxford, Mississippi tort lawyer will be able to advise you of your rights, and ensure that you have the best possible chance of prevailing in your case.