Litigation Lawyers in Cherryville

In Cherryville, North Carolina, a "tort" is any wrongful act, besides a breach of contract or a crime, that the legal system can remedy.

Basically, a tort in Cherryville, North Carolina 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."

Statutes and appellate court rulings in Cherryville, North Carolina recognize a very massive number of different torts. However, most of these torts are largely relics of history, and are no longer litigated very often, 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 Cherryville, North Carolina

Negligence: In Cherryville, North Carolina, negligence is the most often-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 example, 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 someone 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 Cherryville, North Carolina is another fairly frequent tort. It is a deliberate misrepresentation made for personal gain, at the expense of another. It usually 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.

Battery: Battery is defined by the law of Cherryville, North Carolina as any contact by one person, with the body of another, which is offensive or harmful. Any conduct that causes physical injury, pain, or emotional distress is battery. Also, you do not need to really touch a person with your own body to commit battery - simply directing harmful contact (say, by throwing a rock) toward another person is sufficient to create liability for battery. Battery can also arise from "offensive" contact, which is basically any physical contact that violates one's sense of personal dignity constitutes battery, and the victim could technically sue over it. However, in most cases like that, the plaintiff hasn't suffered any real harm, and will only be able to recover nominal damages, which would be far, far less than the cost of filing a lawsuit.

Intentional Infliction of Emotional Distress: Intentional infliction of emotional distress, also known as IIED, was not recognized in Cherryville, North Carolina 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 Cherryville, North Carolina Tort Lawyer Help?

If you think that someone might have committed a tort against you in Cherryville, North Carolina, 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.

Whatever your situation, a tort lawyer who has experience in representing people in Cherryville, North Carolina 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.