Litigation Lawyers in Lakewood
In Lakewood, New Jersey, a "tort" is any wrongful act, besides a breach of contract or a crime, that the legal system can remedy.
In Lakewood, New Jersey, when a tort is committed, and the victim of the tort is vested with a right to sue the person who committed the tort, they are said to have a "cause of action."
The law in Lakewood, New Jersey recognizes dozens of different torts. Some of them are fairly obscure, and don't come up often, and are largely relics of the common law. The torts that a person is most likely to deal with at some point in his or her life are negligence, fraud, battery, and intentional infliction of emotional distress.
Types of Torts in Lakewood, New Jersey
Negligence: This is by far the tort that is most frequently dealt with in the courts of Lakewood, 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 required to compensate the victim for the harm that you caused. You should know, however, that this is just an noticeable example, and there are a practically infinite number of situations in which a negligence lawsuit can arise.
Fraud: In Lakewood, New Jersey, fraud is a fairly prevalent tort that the local court system has to deal with, though it may not be quite as prevalent as negligence. To put it in the simplest terms possible, fraud is a deliberate lie that causes tangible harm (such as financial loss) to the person to whom the lie is told. Fraud is committed in a wide variety of contexts, but it most often occurs when someone is trying to sell a product for more than it's worth. They might lie to a prospective buyer about the product's quality or value. If the buyer relies on this misrepresentation when deciding to buy the product, they are the victim of fraud, and have a right to sue the seller for their financial losses, and possibly recover punitive damages.
Battery: The law in Lakewood, 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 clearly amount to battery, since it is harmful, unless it results 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: Intentional infliction of emotional distress is also called IIED in Lakewood, New Jersey, and it was not recognized as a valid cause of action until fairly recently (for the longest time, physical harm was a requirement before someone could sue for tort damages). To hold a defendant liable for IIED, it must be shown that the defendant engaged in some type of outrageous conduct, targeted at the plaintiff. Moreover, it must be shown that this conduct directly caused severe emotional distress in the plaintiff, and that that was the defendant's intent. Establishing that actual emotional distress occurred is the most difficult element of this tort, and the plaintiff's word is far from sufficient. It often requires intensive examination by a psychiatrist, who will then testify as to the plaintiff's mental state.
How Can A Lakewood, New Jersey Tort Lawyer Help?
If someone has committed a tort against in you Lakewood, New Jersey, you have a legal right to seek compensation. Moreover, if someone has sued you, alleging that you committed a tort, you have a right to mount a legal defense.
In either case, a Lakewood, New Jersey attorney who is efficient in handling tort cases will be able to help. Your lawyer can advise you on the best trial strategy, should the case go to trial, and negotiate with the other side, to try and reach a resolution that both parties can live with.