Litigation Lawyers in Weatherford
A "tort" in Weatherford, 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 Weatherford, Texas, thereby giving the victim the legal right to sue the person who allegedly harmed them, the victim's right to sue is recognized as a "cause of action."
The law of Weatherford, Texas recognizes many dozen different torts, but only a few of them are really litigated with any frequency, and many of them are relics of a bygone age. However, there are a few torts that are litigated very commonly. These torts are negligence, fraud, intentional infliction of emotional distress, and battery.
Types of Torts in Weatherford, Texas
Negligence: This is by far the tort that is most commonly dealt with in the courts of Weatherford, 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 obvious example, and there are a practically infinite number of situations in which a negligence lawsuit can arise.
Fraud: Fraud in Weatherford, Texas is another fairly frequent tort. It is a deliberate misrepresentation made for personal gain, at the expense of another. It usually involves selling a product to a person, while lying about the product's nature. If the buyer relies on the false information in making their purchasing decision, they are a victim of fraud, and can sue the person who defrauded them to recover their losses.
Battery: The law in Weatherford, Texas defines battery as any harmful or offensive contact by one person, with the body of another person, without the consent of the victim. Any punch, kick, strike, or slap would precisely amount to battery, since it is harmful, unless it happens in a context where the person being battered consented to it (a lawful boxing match, for example). However, conduct that doesn't cause any physical harm, but is "offensive," can also be considered battery. This most often comes up when one person initiates unwanted sexual contact with another.
Intentional Infliction of Emotional Distress: Intentional infliction of emotional distress, or IIED, is a relatively new tort in Weatherford, 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 normally comes in the form of a report from a psychiatrist who evaluated the plaintiff's mental condition.
How Can A Weatherford, Texas Tort Lawyer Help?
If somebody has hurt you, either intentionally or negligently, in Weatherford, Texas, you might have a cause of action. On the other hand, if you find yourself in the unenviable situation of being sued for a tort, you have a right to defend yourself, and will likely want to, for evident reasons.
In both instances, a seasoned Weatherford, 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.