Litigation Lawyers in Cedar Rapids
In Cedar Rapids, Iowa, a "tort" is defined as any civil wrong, besides breach of contract, for which the law provides a remedy.
When a tort is committed in Cedar Rapids, Iowa, 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."
In Cedar Rapids, Iowa, there are laws and court rulings that recognize scores of different torts. Many of these torts are very obscure, and are almost never litigated. In the modern era, the torts that the average person is most likely to face are fraud, negligence, battery, and intentional infliction of emotional distress.
Types of Torts in Cedar Rapids, Iowa
Negligence: In Cedar Rapids, Iowa, 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 given 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 extremely careless, and everybody should know this. Of course, there are many other situations, most of them far less obvious, where negligence can occur.
Fraud: Fraud is an intentional tort, unlike negligence. It is also dealt with fairly often by courts in Cedar Rapids, Iowa. 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 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 Cedar Rapids, Iowa 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 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 Cedar Rapids, Iowa Tort Lawyer Help?
If somebody has harmed you, either intentionally or negligently, in Cedar Rapids, Iowa, 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 obvious reasons.
In either case, a Cedar Rapids, Iowa 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.