Litigation Lawyers in Bradley Beach
In Bradley Beach, New Jersey, a "tort" is any wrongful act, besides a breach of contract or a crime, that the legal system can remedy.
Basically, any bad act in Bradley Beach, New Jersey that gives you the legal right to sue the person who committed the act, is a tort. Your specific right to sue is called a "cause of action."
Statutes and appellate court rulings in Bradley Beach, New Jersey 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 Bradley Beach, New Jersey
Negligence: In Bradley Beach, New Jersey, 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: Unlike negligence, fraud is an intentional tort. Like negligence, courts in Bradley Beach, New Jersey 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 commonly 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.
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, particularly of a sexual nature, is considered offensive by just about everyone, and would also be considered battery even if it causes no physical injuries. Occasionally, a doctor will operate on the wrong body part, which the patient did not consent to be operated on. And, occasionally, 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: This is a tort in Bradley Beach, New Jersey that involves emotional distress, and does not require physical harm or financial loss. It is also known by the acronym IIED. IIED is committed when a person engages in outrageous conduct towards another, with the intent of causing emotional distress, and really causes the intended distress.
How Can A Bradley Beach, New Jersey Tort Lawyer Help?
If you believe that you've been the victim of a tort in Bradley Beach, New Jersey, 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 accountable, 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 Bradley Beach, New Jersey. In addition to improving your chances of winning your case, should it go to trial, a brilliant 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.