Litigation Lawyers in Poteau
A "tort" in Poteau, Oklahoma is basically any legally-recognized harm for which the victim is legally entitled to pursue compensation from the perpetrator.
Basically, a tort in Poteau, 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 Poteau, 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 Poteau, Oklahoma
Negligence: This is by far the tort that is most often dealt with in the courts of Poteau, 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 evident 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 often by courts in Poteau, Oklahoma. 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 variety of different contexts. For example, 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: The law in Poteau, 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 Poteau, 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 Poteau, Oklahoma Tort Lawyer Help?
If you think that someone might have committed a tort against you in Poteau, Oklahoma, you can sue the alleged wrongdoer to seek compensation for your injuries. And, of course, if you are being sued for a tort (or anything else), you are absolutely entitled to put up the best legal defense you can.
In either case, a Poteau, Oklahoma 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.