Litigation Lawyers in Guilford County
In Guilford County, North Carolina, a "tort" is any wrongful act, besides a breach of contract or a crime, that the judicial system can remedy.
Typically, any bad act in Guilford County, North Carolina that gives you the legal right to sue the person who committed the act, is a tort. Your particular right to sue is called a "cause of action."
The law in Guilford County, North Carolina recognizes dozens of different torts. Some of them are fairly obscure, and don't come up frequently, and are largely relics of the common law. The torts that a person is most likely to deal with at some time in his or her life are negligence, fraud, battery, and intentional infliction of emotional distress.
Types of Torts in Guilford County, North Carolina
Negligence: In Guilford County, North Carolina, negligence is, far and away, the most prevalent 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 particular 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 very careless, and everybody should know this. Of course, there are many other cases, most of them far less apparent, where negligence can occur.
Fraud: Fraud is another prevalent tort litigated in Guilford County, North Carolina courts. Fraud is defined as the deliberate misrepresentation of facts made for financial, or other personal gain, which causes harm to someone else. Typically, fraud is committed when a product or service is sold, and the seller lies about the nature or quality of the thing being sold. If, in deciding to buy what the fraudster is selling, the victim relies on the false statements, the seller has committed fraud. The buyer can then sue the seller, to seek compensation for their losses. At the very least, they will typically receive the difference between the fair market value of the thing they bought, and what they paid for it.
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 critical 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 grave 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 Guilford County, North Carolina as a legitimate tort until the early to mid 20th Century. Nonetheless, 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 truly 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 Guilford County, North Carolina Tort Lawyer Help?
If somebody has injured you, either intentionally or negligently, in Guilford County, North Carolina, you might have a cause of action. On the other hand, if you find yourself in the unenviable situation of being sued for a tort, you have a right to defend yourself, and will likely want to, for apparent reasons.
In either situation, a Guilford County, North Carolina 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.