Litigation Lawyers in Shippensburg
A "tort" in Shippensburg, Pennsylvania is essentially any legally-recognized harm for which the victim is legally entitled to pursue compensation from the perpetrator.
Typically, any bad act in Shippensburg, Pennsylvania that gives you the legal right to sue the person who committed the act, is a tort. Your particular right to sue is called a "cause of action."
The law of Shippensburg, Pennsylvania recognizes various dozen different torts, but only a few of them are truly litigated with any frequency, and many of them are relics of a bygone age. However, there are a few torts that are litigated very frequently. These torts are negligence, fraud, intentional infliction of emotional distress, and battery.
Types of Torts in Shippensburg, Pennsylvania
Negligence: Negligence is the most frequently-litigated tort in Shippensburg, 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: Fraud in Shippensburg, Pennsylvania is another fairly typical tort. It is a deliberate misrepresentation made for personal gain, at the expense of another. It normally 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 Shippensburg, Pennsylvania 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 precisely amount to battery, since it is harmful, unless it results 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: Intentional infliction of emotional distress is also called IIED in Shippensburg, Pennsylvania, and it was not identified as a valid cause of action until fairly recently (for the longest time, physical harm was a requirement before someone could sue for tort damages). To hold a defendant liable for IIED, it must be shown that the defendant engaged in some type of outrageous conduct, targeted at the plaintiff. Moreover, it must be shown that this conduct directly caused severe emotional distress in the plaintiff, and that that was the defendant's intent. Establishing that actual emotional distress occurred is the most difficult element of this tort, and the plaintiff's word is far from sufficient. It often requires intensive examination by a psychiatrist, who will then testify as to the plaintiff's mental state.
How Can A Shippensburg, Pennsylvania Tort Lawyer Help?
If somebody has injured you, either intentionally or negligently, in Shippensburg, Pennsylvania, you might have a cause of action. On the other hand, if you find yourself in the unenviable situation of being sued for a tort, you have a right to defend yourself, and will likely want to, for apparent reasons.
Whatever your situation, a tort lawyer who has expertise in representing people in Shippensburg, Pennsylvania 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.