Litigation Lawyers in Darlington

A "tort" in Darlington, South Carolina is basically any legally-recognized harm for which the victim is legally entitled to pursue compensation from the perpetrator.

Basically, any bad act in Darlington, South Carolina 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."

Statutes and appellate court rulings in Darlington, South Carolina recognize a very massive number of different torts. However, most of these torts are largely relics of history, and are no longer litigated very often, if at all. There are only a few that the average person has a decent chance of dealing with at least once in their lives. They include, but aren't limited to, negligence, fraud, intentional infliction of emotional distress, and battery.

Types of Torts in Darlington, South Carolina

Negligence: In Darlington, South Carolina, negligence is the most often-litigated tort. It is defined as a failure to act (in any situation) with a reasonable level of care, and causing harm as a result of that carelessness. For example, if a store that's open to the public fails to remove ice from its front entrance, or put up any kind of warning, even though it knows that the ice is there, it is not exercising reasonable care. If someone is injured as a result, the store owner will likely be required to compensate them for their injuries. This is, obviously, just an example.

Fraud: Fraud is another frequent tort litigated in Darlington, South Carolina courts. Fraud is defined as the deliberate misrepresentation of facts made for financial, or other personal gain, which causes harm to someone else. Normally, fraud is committed when a product or service is sold, and the seller lies about the nature or quality of the thing being sold. If, in deciding to buy what the fraudster is selling, the victim relies on the false statements, the seller has committed fraud. The buyer can then sue the seller, to seek compensation for their losses. At the very least, they will normally receive the difference between the fair market value of the thing they bought, and what they paid for it.

Battery: Battery in Darlington, South Carolina 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 virtually 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, also known as IIED, was not recognized in Darlington, South Carolina as a valid tort until the early to mid 20th Century. However, since it became available as a cause of action, it has become one of the most common sources of civil litigation in the tort context. IIED is committed when a person engages in "outrageous" conduct towards another person, with actual intent of causing mental trauma or distress, and then really causes the intended result. Physical injuries are not necessary to prove IIED, but if the emotional trauma is so severe that it causes physical symptoms (such as a heart attack, in the most extreme cases), the defendant will be liable for them, as well.

How Can A Darlington, South Carolina Tort Lawyer Help?

If you think that someone might have committed a tort against you in Darlington, South Carolina, 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.

Whatever your situation, a tort lawyer who has experience in representing people in Darlington, South Carolina 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.