Commack Tort Lawyers

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Litigation Lawyers in Commack

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

In Commack, 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 Commack, New York recognize a very considerable 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 Commack, New York

Negligence: Negligence is by far the most prevalent tort that results in litigation in Commack, 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 virtually any context.

Fraud: Unlike negligence, fraud is an intentional tort. Like negligence, courts in Commack, New York deal with it quite frequently. 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 happens most frequently 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 case, the buyer is legally entitled to compensation for the harm suffered as a result of the fraud.

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 critical 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 Commack, 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 succeed in an IIED lawsuit, the plaintiff has to establish 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 directly 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 Commack, New York Tort Lawyer Help?

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

In either case, a Commack, New York 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.

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Life in Commack

Commack, New York gets its name from its former Indian inhabitants, the Secatogue tribe who named the area, "Pleasant Land." And pleasant is an apt word to describe Commack, which is a lovely city home to just under 40,000 residents. In the early days of Commack, indians gathered in the area because of the fertile soil, wildlife, and wood to make fires.

Commack, New York is a pleasure to explore for residents and visitors alike. In 2006, a local radio station rated the Commack Motor Inn as one of the seven wonders of Long Island. Rosie O'Donnell and Bob Costas are just a few of the celebrities that once called Commack home.

Commack, New York is also home to many talented lawyers who are able to assist the community with any legal issue they may find themselves encountering. Lawyers specializing in family law, estate planning, contract law, and employment law are just a few of the areas that Commack lawyers can assist their clients with. Commack is a great place to live and a great place to find a competent attorney.

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