South Bend Tort Lawyers

Find the right Litigation attorney in South Bend, IN

Litigation Lawyers in South Bend

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

Essentially, a tort in South Bend, Indiana is any wrongful action committed by one individual against another, which gives the victim of the wrongdoing the legal right to sue the wrongdoer. This is known as a "cause of action."

Statutes and appellate court rulings in South Bend, Indiana recognize a very large number of different torts. However, most of these torts are largely relics of history, and are no longer litigated very frequently, 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 South Bend, Indiana

Negligence: In South Bend, Indiana, 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 particular 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 very careless, and everybody should know this. Of course, there are many other cases, most of them far less obvious, where negligence can occur.

Fraud: Fraud is an intentional tort, unlike negligence. It is also dealt with fairly frequently by courts in South Bend, Indiana. 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 number of different contexts. For instance, 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.

Battery: Battery in South Bend, Indiana is defined as any harmful or offensive contact with the person of another, without the victim's consent. Punching someone in the face would qualify as battery, as would basically any unwanted physical contact, particularly of a sexual nature. It can also occur when a doctor operates on a body part without the patient's consent.

Intentional infliction of emotional distress: Also known as IIED in South Bend, Indiana, intentional infliction of emotional distress is a fairly new cause of action, having not been recognized until the 20th century. In order to prevail in an IIED lawsuit, the plaintiff has to prove that the defendant engaged in some kind of "outrageous" conduct, which was severe enough to "shock the conscience" of a reasonable person. They must also prove that the defendant actually intended to cause emotional distress, and did, in fact, cause severe emotional distress. Proving that the plaintiff suffered trauma or distress as a result of the defendant's conduct is not as easy as it may sound, and usually requires the testimony of a psychiatric professional who has examined the plaintiff.

How Can A South Bend, Indiana Tort Lawyer Help?

If you believe that you've been the victim of a tort in South Bend, Indiana, you have a right to go to court and try to prove your case. On the other hand, if you find that you are being sued for a tort, and believe that you aren't liable, you have every right to defend yourself in court.

In both instances, a reputable South Bend, Indiana 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.

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Life in South Bend

South Bend, Indiana is the county seat of St. Joseph County. It has a population of about 101,000 residents and known for being the cultural and economic hub for the "Michiana" region. South Bend's economy consists largely of health care, education, and small business. Many South Bend residents work at the nearby University of Notre Dame.

In addition, South Bend, Indiana is home to many large corporations. These include Honeywell, Crowe Horwath, and AM General. Schurz Communications and Martin's Supermarkets are headquartered in South Bend. Part of South Bend's economic success can be attributed to the city's efforts at improving its telecommunications infrastructure.

The culture of South Bend, Indiana is a unique blend of traditional cultures mixed with modern-day celebrations. Currently, Fat Tuesday and Dyngus Day are still celebrated annually. In particular, the city was infused with many Polish traditions during its early days in the 19th century. The city also hosts a number of large events including the World Pulse Festival and the South Bend Reggae Festival. Popular tourist attractions in South Bend Indiana include the South Bend Museum of Art and the Center for History.

South Bend lawyers offer legal assistance and services in a broad range of fields. Lawyers in South Bend, Indiana often represent their clients at the branch of St. Joseph County Courthouse that operates in the city. A South Bend attorney can represent you if you have questions or issues regarding the city's laws and ordinances.

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