Litigation Lawyers in Upper Saddle River

In Upper Saddle River, New Jersey, a "tort" is any wrongful act, besides a breach of contract or a crime, that the judicial system can remedy.

In Upper Saddle River, 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 Upper Saddle River, 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 Upper Saddle River, New Jersey

Negligence: Negligence is the most commonly-litigated tort in Upper Saddle River, 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 Upper Saddle River, New Jersey deal with it quite often. 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 occurs 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 situation, the buyer is legally entitled to compensation for the harm suffered as a result of the fraud.

Battery: Battery in Upper Saddle River, 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 basically 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: Also known as IIED in Upper Saddle River, 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 Upper Saddle River, New Jersey Tort Lawyer Help?

If you think that someone might have committed a tort against you in Upper Saddle River, 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.

Whatever your situation, a tort lawyer who has expertise in representing people in Upper Saddle River, New Jersey tort cases can advise you on the best way to proceed, and give you the best chance of winning your case, whatever side you're on.