Elkhart Tort Lawyers

Find the right Litigation attorney in Elkhart, IN

Litigation Lawyers in Elkhart

A "tort" is defined in Elkhart, Indiana as a legal wrong, not criminal in nature, for which the law provides compensation to the victim.

Basically, a tort in Elkhart, Indiana is any wrongful action committed by one person against another, which gives the victim of the wrongdoing the legal right to sue the wrongdoer. This is recognized as a "cause of action."

Elkhart, Indiana's laws recognize many different torts. However, the civil litigation system only deals with a few of these dozens of torts with any frequency. While the most obscure torts are occasionally litigated, there are only a small amount that the average person is likely to deal with (either as a plaintiff or defendant) at some point in their lives. They include fraud, negligence, intentional infliction of emotional distress, and battery.

Types of Torts in Elkhart, Indiana

Negligence: Negligence is the most commonly-litigated tort in Elkhart, Indiana's civil litigation system. Negligence occurs when somebody does not exercise the level of care that a "reasonable person" would exercise in a similar situation, and causes an injury as a direct result. As an example, most people know that running a stop sign at high speed is very careless, and no reasonable person would be expected to do such a thing. Doing so clearly falls below the ordinary standard of care. So, if a person runs a stop sign at high speed, and hits another car, causing injuries and property damage, they will be liable to the person they harmed for the cost of whatever harm they caused.

Fraud: Fraud is another frequent tort litigated in Elkhart, Indiana courts. Fraud is defined as the deliberate misrepresentation of facts made for financial, or other personal gain, which causes harm to someone else. Normally, fraud is committed when a product or service is sold, and the seller lies about the nature or quality of the thing being sold. If, in deciding to buy what the fraudster is selling, the victim relies on the false statements, the seller has committed fraud. The buyer can then sue the seller, to seek compensation for their losses. At the very least, they will normally receive the difference between the fair market value of the thing they bought, and what they paid for it.

Battery: The law in Elkhart, Indiana 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 clearly 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 is also called IIED in Elkhart, Indiana, and it was not recognized as a valid cause of action until fairly recently (for the longest time, physical harm was a requirement before someone could sue for tort damages). To hold a defendant liable for IIED, it must be shown that the defendant engaged in some type of outrageous conduct, targeted at the plaintiff. Additionally, it must be shown that this conduct directly caused severe emotional distress in the plaintiff, and that that was the defendant's intent. Showing that actual emotional distress occurred is the most difficult element of this tort, and the plaintiff's word is far from sufficient. It often requires intensive examination by a psychiatrist, who will then testify as to the plaintiff's mental state.

How Can A Elkhart, Indiana Tort Lawyer Help?

If somebody has hurt you, either intentionally or negligently, in Elkhart, Indiana, 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 evident reasons.

Whatever your situation, a tort lawyer who has experience in representing people in Elkhart, Indiana tort cases can advise you on the best way to proceed, and give you the best chance of winning your case, whatever side you're on.

Talk to a Law Attorney now!

Life in Elkhart

Elkhart, Indiana is a city located in Elkhart County, just south of the Illinois border. As of the 2000 Census, it has a population of about 52,000 people. Until the early 1800s, the area now known as Elkhart was mainly populated by various American Indian tribes, including the Ottawa, Chippewa, and Potawatomi. In 1829, settlers established the village of Pulaski, which consisted of little more than a post office, a saw mill, and a few homes. Modernly, Elkhart, Indiana is known as a major center for a niche industry: the manufacture of musical instruments. Several such manufacturers have set up shop in Elkhart, and have, since the early 20th Century, made up a major portion of the city's industrial base. It is also home to a highly specialized sector of the auto industry - the manufacture of recreational vehicles (RVs). Sadly, because Elkhart, Indiana's industrial base was focused largely on the manufacture of luxury items (musical instruments, RVs, etc.), its economy was particularly hard-hit by the recent economic decline experienced by the U.S., along with most of the industrialized world. However, as the economy begins to look up, with manufacturing increasing, Elkhart, Indiana has plenty of reasons for hope. If you live in or near Elkhart, Indiana, and are facing a legal issue, chances are excellent that an Elkhart, Indiana lawyer can help. Elkhart, Indiana lawyers are experienced in many diverse areas of law. There is almost certainly an Elkhart, Indiana lawyer who can help you.

Clients Rate LegalMatch Attorneys
(click to read reviews)

Howard B.
Howard B.

Business - Litigation

Rye Brook, NY

Mark B.
Mark B.

Business - Litigation

Roseland, NJ

David A.
David A.

Business - Litigation

Walnut Creek, CA

Gotham Light