Litigation Lawyers in Waveland
In Waveland, 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 Waveland, 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 identified as a "cause of action."
Waveland, 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 Waveland, Mississippi
Negligence: Negligence is the most frequently-litigated tort in Waveland, Mississippi'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: Unlike negligence, fraud is an intentional tort. Like negligence, courts in Waveland, Mississippi deal with it quite frequently. Put simply, fraud is a lie told for personal gain. It requires an affirmative misrepresentation, which the speaker knows to be false, intended to induce the victim to render some benefit to the speaker, which causes actual harm (such as financial loss) to the victim. It happens most frequently when somebody is trying to sell something for more than it's worth, and lies about the nature or value of the product to the buyer. If the buyer relies on the seller's false statements of fact in making the decision to buy the product, the seller has committed fraud. In such a case, the buyer is legally entitled to compensation for the harm suffered as a result of the fraud.
Battery: Battery in Waveland, Mississippi 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, or IIED, is a relatively new tort in Waveland, Mississippi. It is committed when someone deliberately causes emotional distress or trauma to another person by engaging in outrageous conduct, with the intent of causing such distress. Note that the defendant does not need to cause physical injuries to the plaintiff to be liable for IIED, but the plaintiff does have to produce evidence that they suffered emotional distress. This evidence typically comes in the form of a report from a psychiatrist who evaluated the plaintiff's mental condition.
How Can A Waveland, Mississippi Tort Lawyer Help?
If you believe that you've been the victim of a tort in Waveland, Mississippi, you have a right to go to court and attempt to prove your case. On the other hand, if you find that you are being sued for a tort, and believe that you aren't responsible, you have every right to defend yourself in court.
In either of those cases, you will almost certainly benefit from the counsel of a competent tort lawyer in Waveland, Mississippi. In addition to improving your chances of winning your case, should it go to trial, a knowledgeable 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.