Litigation Lawyers in Glen Rock
In Glen Rock, New Jersey, a "tort" is any wrongful act, besides a breach of contract or a crime, that the judicial system can remedy.
In Glen Rock, New Jersey, when a tort is committed, and the victim of the tort is vested with a right to sue the individual who committed the tort, they are said to have a "cause of action."
The law in Glen Rock, New Jersey 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 Glen Rock, New Jersey
Negligence: This is by far the tort that is most commonly dealt with in the courts of Glen Rock, New Jersey. Put simply, negligence is a failure to exercise a reasonable amount of care, and causing harm to someone as a result. For instance, driving 30 miles per hour over the speed limit is obviously very careless. So, if you are driving that fast, and your speed causes you to get into an accident that harms someone else (either their body or their property), you have committed negligence, and will be obligated to compensate the victim for the harm that you caused. You should know, however, that this is just an apparent example, and there are a practically infinite number of situations in which a negligence lawsuit can arise.
Fraud: Fraud is an intentional tort, unlike negligence. It is also dealt with fairly frequently by courts in Glen Rock, New Jersey. Fraud is a lie that one person tells to another, with the intent to harm the other person, normally by inducing them to give money or property to the person committing the fraud. Fraud can occur in a wide number of different contexts. For instance, suppose a jeweler tries to sell a fake diamond to a customer, by passing it off as the real thing. If the customer believes the jeweler's lie, and bases his buying decision on it, the jeweler has committed fraud. If the customer discovers this fraud, he will be able to sue the jeweler, and recover, at the very least, the difference between the value of the fake diamond, and what he paid for it.
Battery: The law in Glen Rock, New Jersey defines battery as any harmful or offensive contact by one person, with the body of another person, without the consent of the victim. Any punch, kick, strike, or slap would precisely amount to battery, since it is harmful, unless it happens in a context where the person being battered consented to it (a lawful boxing match, for example). However, conduct that doesn't cause any physical harm, but is "offensive," can also be considered battery. This most often comes up when one person initiates unwanted sexual contact with another.
Intentional infliction of emotional distress: Also known as IIED in Glen Rock, New Jersey, intentional infliction of emotional distress is a fairly new cause of action, having not been recognized until the 20th century. In order to win in an IIED lawsuit, the plaintiff has to show 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 really 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 Glen Rock, New Jersey Tort Lawyer Help?
If you think that someone might have committed a tort against you in Glen Rock, New Jersey, 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, a Glen Rock, New Jersey 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.