Elmont Tort Lawyers

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Litigation Lawyers in Elmont

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

In Elmont, 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 Elmont, 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 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 Elmont, New York

Negligence: This is by far the tort that is most commonly dealt with in the courts of Elmont, New York. Put simply, negligence is a failure to exercise a reasonable amount of care, and causing harm to someone as a result. For instance, driving 30 miles per hour over the speed limit is obviously very careless. So, if you are driving that fast, and your speed causes you to get into an accident that harms someone else (either their body or their property), you have committed negligence, and will be required to compensate the victim for the harm that you caused. You should know, however, that this is just an evident example, and there are a practically infinite number of situations in which a negligence lawsuit can arise.

Fraud: Fraud in Elmont, New York 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.

Battery: Battery is defined by the law of Elmont, 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 really 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 basically 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, also known as IIED, was not recognized in Elmont, New York as a valid tort until the early to mid 20th Century. However, since it became available as a cause of action, it has become one of the most common sources of civil litigation in the tort context. IIED is committed when a person engages in "outrageous" conduct towards another person, with actual intent of causing mental trauma or distress, and then really causes the intended result. Physical injuries are not necessary to prove IIED, but if the emotional trauma is so severe that it causes physical symptoms (such as a heart attack, in the most extreme cases), the defendant will be liable for them, as well.

How Can A Elmont, New York Tort Lawyer Help?

If someone has committed a tort against in you Elmont, New York, you have a legal authority 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 both examples, a brilliant Elmont, New York tort lawyer will probably prove indispensable. The best thing you can do early in the process is make a good-faith effort to negotiate a settlement with the other side, to prevent the matter from going to trial in the first place, which will often prove more costly than settling. Most tort lawyers are also skilled negotiators, and will be able to help you on this front, too.

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Life in Elmont

Elmont, New York is an unincorporated community Nassau County, New York. It is a suburb and bedroom community (a community that is almost entirely residential, populated in large part by people who commute to a nearby, larger, city for their jobs) of New York City. Its population is estimated at about 33,000. The community now known as Elmont can trace its roots back to a land purchase in 1650. Dutch colonists established New Amsterdam in the region, and the colony was eventually transferred to the English, who renamed it "New York." In 1905, the Elmont became home to the Belmont Race Track, which is a major venue for horse racing, and hosts one of the legs of the Triple Crown. During the economic boom following WWII, attractive suburban tract homes began springing up in Elmont, which is largely how it adopted its current role as a residential suburb of New York City. Modernly, Elmont, New York is an extremely diverse city, with roughly equal parts of its population (about 40% each) being African-American and white. It also has significant concentrations of several other ethnicities and cultures, reflecting the diversity of New York, and the U.S. as a whole. Elmont, New York attorneys are numerous, and the selection of attorneys in the greater New York City area is practically unlimited. If you're facing a legal issue, it's very like that an Elmont, New York lawyer can help.

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