Litigation Lawyers in Luzerne County

A "tort" in Luzerne County, Pennsylvania is basically any legally-recognized harm for which the victim is legally entitled to pursue compensation from the perpetrator.

Essentially, any bad act in Luzerne County, Pennsylvania that gives you the legal right to sue the person who committed the act, is a tort. Your specific right to sue is called a "cause of action."

The law in Luzerne County, Pennsylvania recognizes dozens of different torts. Some of them are fairly obscure, and don't come up often, and are largely relics of the common law. The torts that a person is most likely to deal with at some point in his or her life are negligence, fraud, battery, and intentional infliction of emotional distress.

Types of Torts in Luzerne County, Pennsylvania

Negligence: Negligence is the most often-litigated tort in Luzerne County, Pennsylvania's civil litigation system. Negligence occurs when somebody does not exercise the level of care that a "reasonable person" would exercise in a similar situation, and causes an injury as a direct result. As an example, most people know that running a stop sign at high speed is very careless, and no reasonable person would be expected to do such a thing. Doing so clearly falls below the ordinary standard of care. So, if a person runs a stop sign at high speed, and hits another car, causing injuries and property damage, they will be liable to the person they harmed for the cost of whatever harm they caused.

Fraud: Unlike negligence, fraud is an intentional tort. Like negligence, courts in Luzerne County, Pennsylvania 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 often 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.

Battery: Battery in Luzerne County, Pennsylvania is defined as any harmful or offensive contact with the person of another, without the victim's consent. Punching someone in the face would qualify as battery, as would essentially any unwanted physical contact, particularly of a sexual nature. It can also occur when a doctor operates on a body part without the patient's consent.

Intentional Infliction of Emotional Distress: Intentional infliction of emotional distress, or IIED, is a relatively new tort in Luzerne County, Pennsylvania. 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 suffered 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 Luzerne County, Pennsylvania Tort Lawyer Help?

If you believe that you've been the victim of a tort in Luzerne County, Pennsylvania, you have a right to go to court and attempt 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 case, a Luzerne County, Pennsylvania 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.