Litigation Lawyers in Haltom
A "tort" in Haltom, Texas is essentially any legally-recognized harm for which the victim is legally entitled to pursue compensation from the perpetrator.
When a tort is committed in Haltom, Texas, thereby giving the victim the legal right to sue the person who allegedly harmed them, the victim's right to sue is known as a "cause of action."
The law in Haltom, Texas recognizes dozens of different torts. Some of them are fairly obscure, and don't come up frequently, and are largely relics of the common law. The torts that a person is most likely to deal with at some time in his or her life are negligence, fraud, battery, and intentional infliction of emotional distress.
Types of Torts in Haltom, Texas
Negligence: This is by far the tort that is most often dealt with in the courts of Haltom, 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 obligated 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: Fraud is an intentional tort, unlike negligence. It is also dealt with fairly frequently by courts in Haltom, Texas. Fraud is a lie that one person tells to another, with the intent to harm the other person, usually by inducing them to give money or property to the person committing the fraud. Fraud can occur in a wide number of different contexts. For instance, suppose a jeweler tries to sell a fake diamond to a customer, by passing it off as the real thing. If the customer believes the jeweler's lie, and bases his buying decision on it, the jeweler has committed fraud. If the customer discovers this fraud, he will be able to sue the jeweler, and recover, at the very least, the difference between the value of the fake diamond, and what he paid for it.
Battery: Battery is defined by the law of Haltom, Texas as any contact by one person, with the body of another, which is offensive or harmful. Any conduct that causes physical injury, pain, or emotional distress is battery. Also, you do not need to actually touch a person with your own body to commit battery - simply directing harmful contact (say, by throwing a rock) toward another person is sufficient to create liability for battery. Battery can also arise from "offensive" contact, which is essentially any physical contact that violates one's sense of personal dignity constitutes battery, and the victim could technically sue over it. Nonetheless, in most cases like that, the plaintiff hasn't sustained any real harm, and will only be able to recover nominal damages, which would be far, far less than the cost of filing a lawsuit.
Intentional Infliction of Emotional Distress: Intentional infliction of emotional distress, also known as IIED, was not recognized in Haltom, Texas as a legitimate tort until the early to mid 20th Century. Nonetheless, 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 actually 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 Haltom, Texas Tort Lawyer Help?
If you have been the victim of a tort in , Texas, you have the power to seek legal redress. And if you have been sued for a tort, you have a right to defend yourself.
Whatever your situation, a tort lawyer who has expertise in representing people in Haltom, Texas 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.