Litigation Lawyers in Fort Stockton

A "tort" in Fort Stockton, 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 Fort Stockton, 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 Fort Stockton, 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 Fort Stockton, Texas

Negligence: This is by far the tort that is most frequently dealt with in the courts of Fort Stockton, 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 noticeable 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 Fort Stockton, 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 Fort Stockton, 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 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: Also known as IIED in Fort Stockton, Texas, intentional infliction of emotional distress is a fairly new cause of action, having not been recognized until the 20th century. In order to succeed in an IIED lawsuit, the plaintiff has to establish 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 directly 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 Fort Stockton, Texas Tort Lawyer Help?

If someone has committed a tort against in you Fort Stockton, Texas, you have a legal authority to seek compensation. Moreover, if someone has sued you, alleging that you committed a tort, you have a right to mount a legal defense.

In either case, a Fort Stockton, Texas 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.