Litigation Lawyers in Butner
In Butner, North Carolina, a "tort" is any wrongful act, besides a breach of contract or a crime, that the judicial system can remedy.
Essentially, a tort in Butner, North Carolina is any wrongful action committed by one individual against another, which gives the victim of the wrongdoing the legal right to sue the wrongdoer. This is known as a "cause of action."
Statutes and appellate court rulings in Butner, North Carolina recognize a very large number of different torts. However, most of these torts are largely relics of history, and are no longer litigated very frequently, if at all. There are only a few that the average person has a decent chance of dealing with at least once in their lives. They include, but aren't limited to, negligence, fraud, intentional infliction of emotional distress, and battery.
Types of Torts in Butner, North Carolina
Negligence: In Butner, North Carolina, negligence is the most commonly-litigated tort. It is defined as a failure to act (in any situation) with a reasonable level of care, and causing harm as a result of that carelessness. For instance, if a store that's open to the public fails to remove ice from its front entrance, or put up any kind of warning, even though it knows that the ice is there, it is not exercising reasonable care. If anyone is injured as a result, the store owner will likely be required to compensate them for their injuries. This is, obviously, just an example.
Fraud: Fraud in Butner, North Carolina is another fairly common tort. It is a deliberate misrepresentation made for personal gain, at the expense of another. It typically involves selling a product to a person, while lying about the product's nature. If the buyer relies on the false information in making their purchasing decision, they are a victim of fraud, and can sue the person who defrauded them to recover their losses.
harmful or offensive, and non-consensual. For example, slapping someone on the face would be a clear case of battery, because that contact is harmful, and probably offensive as well. Unwanted physical conduct, especially of a sexual nature, is considered offensive by just about everyone, and would also be considered battery even if it causes no physical injuries. Sometimes, a doctor will operate on the wrong body part, which the patient did not consent to be operated on. And, sometimes, doctors have performed entire operations while the patient was unconscious, which the patient didn't consent to. This is also battery, and can result in a very costly lawsuit for the doctor, though such cases are quite rare.
Intentional infliction of emotional distress: Also known as IIED in Butner, North Carolina, intentional infliction of emotional distress is a fairly new cause of action, having not been recognized until the 20th century. In order to prevail in an IIED lawsuit, the plaintiff has to prove that the defendant engaged in some kind of "outrageous" conduct, which was severe enough to "shock the conscience" of a reasonable person. They must also prove that the defendant actually intended to cause emotional distress, and did, in fact, cause severe emotional distress. Proving that the plaintiff suffered trauma or distress as a result of the defendant's conduct is not as easy as it may sound, and usually requires the testimony of a psychiatric professional who has examined the plaintiff.
How Can A Butner, North Carolina Tort Lawyer Help?
If you believe that you've been the victim of a tort in Butner, North Carolina, you have a right to go to court and try 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 liable, you have every right to defend yourself in court.
In both instances, a reputable Butner, North Carolina tort lawyer will probably prove indispensable. The best thing you can do early in the process is make a good-faith effort to negotiate a settlement with the other side, to prevent the matter from going to trial in the first place, which will often prove more costly than settling. Most tort lawyers are also skilled negotiators, and will be able to help you on this front, too.