Litigation Lawyers in Flower Mound
A "tort" in Flower Mound, Texas is basically any legally-recognized harm for which the victim is legally entitled to pursue compensation from the perpetrator.
When a tort is committed in Flower Mound, Texas, thereby giving the victim the legal right to sue the person who allegedly harmed them, the victim's right to sue is identified as a "cause of action."
The law in Flower Mound, Texas 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 Flower Mound, Texas
Negligence: This is by far the tort that is most frequently dealt with in the courts of Flower Mound, Texas. 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: Unlike negligence, fraud is an intentional tort. Like negligence, courts in Flower Mound, Texas 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 frequently 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 Flower Mound, Texas 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, or IIED, is a relatively new tort in Flower Mound, Texas. 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 typically comes in the form of a report from a psychiatrist who evaluated the plaintiff's mental condition.
How Can A Flower Mound, Texas Tort Lawyer Help?
If you believe that you've been the victim of a tort in Flower Mound, Texas, 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 responsible, you have every right to defend yourself in court.
In both situations, a knowledgeable Flower Mound, Texas tort lawyer will probably prove indispensable. The best thing you can do early in the process is make a good-faith effort to negotiate a settlement with the other side, to prevent the matter from going to trial in the first place, which will often prove more costly than settling. Most tort lawyers are also skilled negotiators, and will be able to help you on this front, too.