Litigation Lawyers in Mechanicville
In Mechanicville, New York, a "tort" is any wrongful act, besides a breach of contract or a crime, that the judicial system can remedy.
When a tort is committed in Mechanicville, New York, thereby giving the victim the legal right to sue the person who allegedly harmed them, the victim's right to sue is known as a "cause of action."
The law in Mechanicville, New York recognizes dozens of different torts. Some of them are fairly obscure, and don't come up frequently, and are largely relics of the common law. The torts that a person is most likely to deal with at some time in his or her life are negligence, fraud, battery, and intentional infliction of emotional distress.
Types of Torts in Mechanicville, New York
Negligence: This is by far the tort that is most often dealt with in the courts of Mechanicville, 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 obligated to compensate the victim for the harm that you caused. You should know, however, that this is just an obvious example, and there are a practically infinite number of situations in which a negligence lawsuit can arise.
Fraud: Fraud is an intentional tort, unlike negligence. It is also dealt with fairly frequently by courts in Mechanicville, New York. Fraud is a lie that one person tells to another, with the intent to harm the other person, usually by inducing them to give money or property to the person committing the fraud. Fraud can occur in a wide number of different contexts. For instance, suppose a jeweler tries to sell a fake diamond to a customer, by passing it off as the real thing. If the customer believes the jeweler's lie, and bases his buying decision on it, the jeweler has committed fraud. If the customer discovers this fraud, he will be able to sue the jeweler, and recover, at the very least, the difference between the value of the fake diamond, and what he paid for it.
Battery: Battery is defined by the law of Mechanicville, 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. Nonetheless, in most cases like that, the plaintiff hasn't sustained 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, or IIED, is a relatively new tort in Mechanicville, New York. It is committed when someone deliberately causes emotional distress or trauma to another person by engaging in outrageous conduct, with the intent of causing such distress. Note that the defendant does not need to cause physical injuries to the plaintiff to be liable for IIED, but the plaintiff does have to produce evidence that they sustained emotional distress. This evidence usually comes in the form of a report from a psychiatrist who evaluated the plaintiff's mental condition.
How Can A Mechanicville, New York Tort Lawyer Help?
If you believe that you've been the victim of a tort in Mechanicville, New York, you have a right to go to court and try to prove your case. On the other hand, if you find that you are being sued for a tort, and believe that you aren't liable, you have every right to defend yourself in court.
In either situation, a Mechanicville, 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.