Litigation Lawyers in Chestnut Ridge

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

In Chestnut Ridge, New York, 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."

Statutes and appellate court rulings in Chestnut Ridge, New York recognize a very large number of different torts. However, most of these torts are largely relics of history, and are no longer litigated very often, 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 Chestnut Ridge, New York

Negligence: Negligence is by far the most common tort that results in litigation in Chestnut Ridge, New York. Negligence is a failure to exercise the amount of care appropriate for a given situation, and causing harm to someone else as a result of this carelessness. For example, 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 example, and negligence can occur in essentially any context.

Fraud: Fraud is another common tort litigated in Chestnut Ridge, 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. Usually, 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 usually receive the difference between the fair market value of the thing they bought, and what they paid for it.

Battery: Battery is defined by the law of Chestnut Ridge, New York as any contact by one person, with the body of another, which is offensive or harmful. Any conduct that causes physical injury, pain, or emotional distress is battery. Also, you do not need to actually touch a person with your own body to commit battery - simply directing harmful contact (say, by throwing a rock) toward another person is sufficient to create liability for battery. Battery can also arise from "offensive" contact, which is essentially any physical contact that violates one's sense of personal dignity constitutes battery, and the victim could technically sue over it. However, in most cases like that, the plaintiff hasn't suffered any real harm, and will only be able to recover nominal damages, which would be far, far less than the cost of filing a lawsuit.

Intentional Infliction of Emotional Distress: Intentional infliction of emotional distress is also called IIED in Chestnut Ridge, New York, and it was not recognized 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. Furthermore, it must be shown that this conduct directly caused severe emotional distress in the plaintiff, and that that was the defendant's intent. Proving 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 Chestnut Ridge, New York Tort Lawyer Help?

If you have been the victim of a tort in , New York, you have the authority to seek legal redress. And if you have been sued for a tort, you have a right to defend yourself.

Whatever your situation, a tort lawyer who has experience in representing people in Chestnut Ridge, New York 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.