Litigation Lawyers in Totowa
In Totowa, New Jersey, a "tort" is any wrongful act, besides a breach of contract or a crime, that the legal system can remedy.
In Totowa, 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 Totowa, 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 Totowa, New Jersey
Negligence: Negligence is the most often-litigated tort in Totowa, New Jersey's civil litigation system. Negligence occurs when somebody does not exercise the level of care that a "reasonable person" would exercise in a similar situation, and causes an injury as a direct result. As an example, most people know that running a stop sign at high speed is very careless, and no reasonable person would be expected to do such a thing. Doing so clearly falls below the ordinary standard of care. So, if a person runs a stop sign at high speed, and hits another car, causing injuries and property damage, they will be liable to the person they harmed for the cost of whatever harm they caused.
Fraud: Unlike negligence, fraud is an intentional tort. Like negligence, courts in Totowa, 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 often 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.
Battery: Battery in Totowa, New Jersey is defined as any harmful or offensive contact with the person of another, without the victim's consent. Punching someone in the face would qualify as battery, as would virtually any unwanted physical contact, particularly of a sexual nature. It can also occur when a doctor operates on a body part without the patient's consent.
Intentional Infliction of Emotional Distress: Intentional infliction of emotional distress, or IIED, is a relatively new tort in Totowa, New Jersey. 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 suffered 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 Totowa, New Jersey Tort Lawyer Help?
If somebody has harmed you, either intentionally or negligently, in Totowa, New Jersey, 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 probably want to, for obvious reasons.
In either case, a Totowa, New Jersey attorney who is experienced 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.