Litigation Lawyers in Scottsbluff

In Scottsbluff, Nebraska, a "tort" is any wrongful act, besides a breach of contract or a crime, that the legal system can remedy.

Typically, any bad act in Scottsbluff, Nebraska that gives you the legal right to sue the person who committed the act, is a tort. Your specific right to sue is called a "cause of action."

Statutes and appellate court rulings in Scottsbluff, Nebraska recognize a very considerable number of different torts. However, most of these torts are largely relics of history, and are no longer litigated very often, if at all. There are only a few that the average person has a decent chance of dealing with at least once in their lives. They include, but aren't limited to, negligence, fraud, intentional infliction of emotional distress, and battery.

Types of Torts in Scottsbluff, Nebraska

Negligence: Negligence is by far the most prevalent tort that results in litigation in Scottsbluff, Nebraska. Negligence is a failure to exercise the amount of care appropriate for a given situation, and causing harm to someone else as a result of this carelessness. For example, running a red light is inherently careless. If you run a red light, and cause personal injury or property damage, you are liable for the harm you caused. Of course, this is just one example, and negligence can occur in essentially any context.

Fraud: Fraud is an intentional tort, unlike negligence. It is also dealt with fairly often by courts in Scottsbluff, Nebraska. Fraud is a lie that one person tells to another, with the intent to harm the other person, typically by inducing them to give money or property to the person committing the fraud. Fraud can occur in a wide variety of different contexts. For example, 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.

harmful or offensive, and non-consensual. For example, slapping someone on the face would be a clear case of battery, because that contact is harmful, and probably offensive as well. Unwanted physical conduct, particularly of a sexual nature, is considered offensive by just about everyone, and would also be considered battery even if it causes no physical injuries. Occasionally, a doctor will operate on the wrong body part, which the patient did not consent to be operated on. And, occasionally, doctors have performed entire operations while the patient was unconscious, which the patient didn't consent to. This is also battery, and can result in a very costly lawsuit for the doctor, though such cases are quite rare.

Intentional Infliction of Emotional Distress: Intentional infliction of emotional distress, also known as IIED, was not recognized in Scottsbluff, Nebraska as a valid tort until the early to mid 20th Century. However, 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 truly 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 Scottsbluff, Nebraska Tort Lawyer Help?

If somebody has injured you, either intentionally or negligently, in Scottsbluff, Nebraska, 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 probably want to, for apparent reasons.

In either case, a Scottsbluff, Nebraska 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.