Litigation Lawyers in Auburn
In Auburn, New Hampshire, a "tort" is any wrongful act, besides a breach of contract or a crime, that the judicial system can remedy.
Essentially, any bad act in Auburn, New Hampshire 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."
Statutes and appellate court rulings in Auburn, New Hampshire 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 Auburn, New Hampshire
Negligence: In Auburn, New Hampshire, negligence is, far and away, the most common 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 obvious, where negligence can occur.
Fraud: Fraud in Auburn, New Hampshire 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.
Battery: Battery is defined by the law of Auburn, New Hampshire 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 actually 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 essentially any physical contact that violates one's sense of personal dignity constitutes battery, and the victim could technically sue over it. Nonetheless, in most cases like that, the plaintiff hasn't sustained 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, or IIED, is a relatively new tort in Auburn, New Hampshire. 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 sustained emotional distress. This evidence usually comes in the form of a report from a psychiatrist who evaluated the plaintiff's mental condition.
How Can A Auburn, New Hampshire Tort Lawyer Help?
If you think that someone might have committed a tort against you in Auburn, New Hampshire, 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 completely entitled to put up the best legal defense you can.
In either situation, an Auburn, New Hampshire 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.