Carmel Tort Lawyers

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Litigation Lawyers in Carmel

In Carmel, New York, a "tort" is any wrongful act, besides a breach of contract or a crime, that the judicial system can remedy.

In Carmel, New York, 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."

Statutes and appellate court rulings in Carmel, New York recognize a very massive number of different torts. However, most of these torts are largely relics of history, and are no longer litigated very frequently, if at all. There are only a few that the average person has a decent chance of dealing with at least once in their lives. They include, but aren't limited to, negligence, fraud, intentional infliction of emotional distress, and battery.

Types of Torts in Carmel, New York

Negligence: Negligence is by far the most frequent tort that results in litigation in Carmel, New York. Negligence is a failure to exercise the amount of care appropriate for a certain situation, and causing harm to someone else as a result of this carelessness. For instance, running a red light is inherently careless. If you run a red light, and cause personal injury or property damage, you are liable for the harm you caused. Of course, this is just one instance, and negligence can occur in practically any context.

Fraud: Fraud is another frequent tort litigated in Carmel, New York courts. Fraud is defined as the deliberate misrepresentation of facts made for financial, or other personal gain, which causes harm to someone else. Normally, fraud is committed when a product or service is sold, and the seller lies about the nature or quality of the thing being sold. If, in deciding to buy what the fraudster is selling, the victim relies on the false statements, the seller has committed fraud. The buyer can then sue the seller, to seek compensation for their losses. At the very least, they will normally receive the difference between the fair market value of the thing they bought, and what they paid for it.

Battery: The law in Carmel, New York 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 precisely amount to battery, since it is harmful, unless it happens 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: Also known as IIED in Carmel, New York, 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 Carmel, New York Tort Lawyer Help?

If someone has committed a tort against in you Carmel, New York, you have a legal power to seek compensation. Additionally, if someone has sued you, alleging that you committed a tort, you have a right to mount a legal defense.

In either situation, a Carmel, New York tort lawyer will be able to advise you of your rights, and ensure that you have the best possible chance of prevailing in your case.

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Life in Carmel

Carmel, New York is a city in Putnam County, New York. As of the 2000 Census, its population is approximately 36,000 people.

Carmel, New York is home to the historic Putnam County Courthouse. It was built in 1814, and is still in use today, making it one of the oldest working courthouses in the United States.

Carmel is also the site of one of the many heroic sagas of the Revolutionary War, when Sybil Ludington rode through the area all night, warning of an impending British attack. She is often referred to as a female version of Paul Revere.

Carmel, New York is located about an hour's drive from New York City, the largest city in the United States, and many residents commute there for work.

Carmel, given its close proximity to the largest city in the country, is an option for families who want a quiet place to settle down, but don't want to keep the excitement of city life out of reach.

The legal profession of Carmel, New York is served by its close proximity to New York University, and Columbia University. Both of these universities have law schools which are considered to be among the best in the U.S. This means that the market in the area is very competitve for Carmel, New York lawyers.

If you have a legal problem, it's very likely that there is a Carmel, New York lawyer who can handle it.

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