Litigation Lawyers in Mcalester
A "tort" in Mcalester, Oklahoma is basically any legally-recognized harm for which the victim is legally entitled to pursue compensation from the perpetrator.
Basically, a tort in Mcalester, Oklahoma is any wrongful action committed by one person against another, which gives the victim of the wrongdoing the legal right to sue the wrongdoer. This is known as a "cause of action."
The law of Mcalester, Oklahoma recognizes several dozen different torts, but only a few of them are actually litigated with any frequency, and many of them are relics of a bygone age. However, there are a few torts that are litigated very often. These torts are negligence, fraud, intentional infliction of emotional distress, and battery.
Types of Torts in Mcalester, Oklahoma
Negligence: This is by far the tort that is most often dealt with in the courts of Mcalester, Oklahoma. 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 obvious example, and there are a practically infinite number of situations in which a negligence lawsuit can arise.
Fraud: Fraud in Mcalester, Oklahoma is another fairly common tort. It is a deliberate misrepresentation made for personal gain, at the expense of another. It typically 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: The law in Mcalester, Oklahoma 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 clearly amount to battery, since it is harmful, unless it occurs 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 Mcalester, Oklahoma, intentional infliction of emotional distress is a fairly new cause of action, having not been recognized until the 20th century. In order to prevail in an IIED lawsuit, the plaintiff has to prove 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 actually 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 Mcalester, Oklahoma Tort Lawyer Help?
If you have been the victim of a tort in , Oklahoma, 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 Mcalester, Oklahoma 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.