Litigation Lawyers in Sunland Park
In Sunland Park, New Mexico, a "tort" is any wrongful act, besides a breach of contract or a crime, that the legal system can remedy.
In Sunland Park, New Mexico, 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."
In Sunland Park, New Mexico, there are laws and court rulings that recognize scores of different torts. Many of these torts are very obscure, and are almost never litigated. In the modern era, the torts that the average person is most likely to face are fraud, negligence, battery, and intentional infliction of emotional distress.
Types of Torts in Sunland Park, New Mexico
Negligence: In Sunland Park, New Mexico, negligence is, far and away, the most frequent tort that the civil litigation system has to deal with. Negligence is a failure to exercise the level of caution that's necessary in a given situation, and causing harm (physical injury or property damage) as a direct result of this failure. An obvious example is drunk driving. If a person is drunk behind the wheel, and causes an accident, they are clearly going to be required to compensate the victim for whatever harm they cause, since driving while intoxicated is extremely careless, and everybody should know this. Of course, there are many other situations, most of them far less evident, where negligence can occur.
Fraud: Fraud in Sunland Park, New Mexico is another fairly frequent tort. It is a deliberate misrepresentation made for personal gain, at the expense of another. It usually involves selling a product to a person, while lying about the product's nature. If the buyer relies on the false information in making their purchasing decision, they are a victim of fraud, and can sue the person who defrauded them to recover their losses.
element of battery is pretty straightforward: if you engage in physical contact with another that causes pain and/or injury, you've committed battery. It's essential to note that the contact does not need to be harmful to amount to battery - it can also be offensive. What constitutes "offensive" contact is largely subjective, and unless the conduct is truly sleazy (unwanted sexual contact, for example), a battery lawsuit is pretty unlikely to result. One of the more severe forms of battery can occur when a patient is in surgery, and the surgeon, for whatever reason, operates on the wrong body part. Because the patient did not consent to this contact, the surgeon has committed a severe form of battery.
Intentional infliction of emotional distress: Also known as IIED in Sunland Park, New Mexico, 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 show 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 Sunland Park, New Mexico Tort Lawyer Help?
If you believe that you've been the victim of a tort in Sunland Park, New Mexico, 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.
Whatever your situation, a tort lawyer who has experience in representing people in Sunland Park, New Mexico 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.