VICTIMS' RIGHTS
Our office represents victims of negligent or intentional "Torts." A tort is a wrong resulting from a breach of a legal duty, that exists by virtue of society's expectations regarding interpersonal conduct. Examples of negligent torts are auto accidents, slips and falls, or other conduct where a person is injured or property damaged by accident. Some Intentional Torts may also be crimes, such as battery, fraud, false imprisonment, etc. A number of intentional torts within our practice areas are listed below with a brief explanation.
Battery. A battery is a violation of a person's interest in freedom from intentional, unlawful, harmful or offensive, unconsented contact with his or her body. A battery may occur when a person physically assaults another. Battery may also occur where a person consents to one form of touching, but another occurs, such as in the case of a doctor performing a procedure to which the patient has not consented.
Sexual Misconduct. Our office represents victims of sexual assault, childhood abuse and sexual harassment. There are many statutes that provide rights to such victims, but which are rarely used. If you have been a victim of such conduct, we might be about to help recover damages to compensate you for what you have endured.
Fraud. Fraud is the making or suggestion of a fact which is not true, by one who does not believe it to be true. Fraud may also occur when a person makes a positive assertion of facts which are false or misleading, when the person has no reasonable basis to believe the facts are true; or the suppression of that which is true by one having knowledge of the belief or fact. It may be a promise made without any intention of performing the promise or any other act intended to deceive. Acts of fraud may occur within a contractual sense, or by inducing a person to rely on representations for the purpose of obtaining money or other goods by false pretenses.
Conversion. Conversion is the wrongful exercise of dominion or control over the personal property of another, which seriously interferes with the other person's right to control the property, so that the converter is required to pay the owner the full value of the property as damages for the conversion. Conversion typically takes place when a person steals property of another person, or commits another wrongful act depriving the other person of their property.
False Imprisonment. False Imprisonment is the non-consented, intentional confinement of a person without lawful privilege, for any length of time. A person is falsely imprisoned if he or she is wrongfully deprived of their freedom to leave a particular place by the conduct of another person, such as when a person is falsely arrested. False Imprisonment may also be a crime.
Intentional Infliction of Emotional Distress. This tort occurs when a person, through the use of extreme and outrageous conduct with the intention of harming another, causes severe emotional distress in another person. Under many circumstances, where other torts are committed, the damages to the victim may include emotional distress. Where the perpetrator's conduct was intentional, usually an Intentional Infliction of Emotional Distress claim is also present.
Invasion of Privacy. Privacy is a fundamental constitutional right. A person has a right to be free from the wrongful scrutinizing or publicizing of their private affairs, which are outside of legitimate public concerns. Generally, public figures, politicians, or high-profile persons have less expectation of privacy than other persons. Invasion of Privacy may also occur by an intrusion into a person's privacy or solitude by another, publicly placing a person in a false light, or the use or appropriation of the person's name, picture or likeness. An Invasion of Privacy may also occur when an employer discloses results of a medical exam, drug test or other private information.
Defamation. Defamation is a false and defamatory statement concerning a person, made to another person, without legal privilege, which is false. Defamation can consist of libel in written form or by slander, which is verbal. Under certain circumstances, privileges may apply allowing statements to be made, such as in the course of judicial or legislative proceedings.
These are just a few examples of some of the intentional torts handled by our office. If you have been the victim of an intentional tort or crime, contact our office for a consultation.
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