Litigation Lawyers in Mesquite
In Mesquite, Nevada, a "tort" is any wrongful act, besides a breach of contract or a crime, that the judicial system can remedy.
In Mesquite, Nevada, 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."
In Mesquite, Nevada, there are laws and court rulings that recognize scores of various torts. Many of these torts are very obscure, and are almost never litigated. In the modern era, the torts that the ordinary person is most likely to face are fraud, negligence, battery, and intentional infliction of emotional distress.
Types of Torts in Mesquite, Nevada
Negligence: In Mesquite, Nevada, negligence is, far and away, the most prevalent 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 particular 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 very careless, and everybody should know this. Of course, there are many other cases, most of them far less apparent, where negligence can occur.
Fraud: In Mesquite, Nevada, 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 happens 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: Battery in Mesquite, Nevada 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: Intentional infliction of emotional distress is also called IIED in Mesquite, Nevada, and it was not identified 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 Mesquite, Nevada Tort Lawyer Help?
If somebody has injured you, either intentionally or negligently, in Mesquite, Nevada, 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 likely want to, for apparent reasons.
In either case, a Mesquite, Nevada 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.