Litigation Lawyers in Kyle
A "tort" in Kyle, 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 Kyle, 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 Kyle, 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 Kyle, Texas
Negligence: In Kyle, Texas, negligence is, far and away, the most common tort that the civil litigation system has to deal with. Negligence is a failure to exercise the level of caution that's necessary in a particular situation, and causing harm (physical injury or property damage) as a direct result of this failure. An obvious example is drunk driving. If a person is drunk behind the wheel, and causes an accident, they are clearly going to be required to compensate the victim for whatever harm they cause, since driving while intoxicated is very careless, and everybody should know this. Of course, there are many other cases, most of them far less obvious, where negligence can occur.
Fraud: Fraud is an intentional tort, unlike negligence. It is also dealt with fairly frequently by courts in Kyle, 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 Kyle, 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, or IIED, is a relatively new tort in Kyle, 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 sustained emotional distress. This evidence usually comes in the form of a report from a psychiatrist who evaluated the plaintiff's mental condition.
How Can A Kyle, Texas Tort Lawyer Help?
If you have been the victim of a tort in , Texas, you have the option to seek legal redress. And if you have been sued for a tort, you have a right to defend yourself.
In either case, a Kyle, Texas attorney who is experienced in handling tort cases will be able to help. Your lawyer can advise you on the best trial strategy, should the case go to trial, and negotiate with the other side, to try and reach a resolution that both parties can live with.