Topeka Tort Lawyers

Find the right Litigation attorney in Topeka, KS

Litigation Lawyers in Topeka

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

In Topeka, Kansas, a tort is basically any bad thing that one person can do to another, which the law says the victim can sue over. This is called a "cause of action."

The law in Topeka, Kansas recognizes dozens of different torts. Some of them are fairly obscure, and don't come up often, and are largely relics of the common law. The torts that a person is most likely to deal with at some point in his or her life are negligence, fraud, battery, and intentional infliction of emotional distress.

Types of Torts in Topeka, Kansas

Negligence: Negligence is the most frequently-litigated tort in Topeka, Kansas'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 prevalent tort litigated in Topeka, Kansas courts. Fraud is defined as the deliberate misrepresentation of facts made for financial, or other personal gain, which causes harm to someone else. Typically, 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 typically receive the difference between the fair market value of the thing they bought, and what they paid for it.

element of battery is pretty straightforward: if you engage in physical contact with another that causes pain and/or injury, you've committed battery. It's important to note that the contact does not need to be harmful to amount to battery - it can also be offensive. What constitutes "offensive" contact is largely subjective, and unless the conduct is truly sleazy (unwanted sexual contact, for example), a battery lawsuit is pretty unlikely to result. One of the more severe forms of battery can occur when a patient is in surgery, and the surgeon, for whatever reason, operates on the wrong body part. Because the patient did not consent to this contact, the surgeon has committed a severe form of battery.

Intentional Infliction of Emotional Distress: This is a tort in Topeka, Kansas that involves emotional distress, and does not require physical harm or financial loss. It is also known by the acronym IIED. IIED is committed when a person engages in outrageous conduct towards another, with the intent of causing emotional distress, and directly causes the intended distress.

How Can A Topeka, Kansas Tort Lawyer Help?

If somebody has injured you, either intentionally or negligently, in Topeka, Kansas, 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 Topeka, Kansas attorney who is efficient in handling tort cases will be able to help. Your lawyer can advise you on the best trial strategy, should the case go to trial, and negotiate with the other side, to try and reach a resolution that both parties can live with.

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Life in Topeka

Topeka is the capital of Kansas, located along the Kansas River in Shawnee County. According to a 2010 census, the population is around 127,473 people. Three United States Navy ships have been named after Topeka, with the name USS Topeka.

What the city is most famous for is the landmark United States Supreme Court case Brown v. Board of Education of Topeka. This case overturned Plessy v. Ferguson and declared that segregation based on race in public schools was unconstitutional.

The city itself is the largest employer, with around 8,400 people working for the city government. The school districts and health care system also employ a significant number of the residents. Many "big name" manufacturers are located in Topeka, such as Goodyear Tire and Rubber Company, Payless Shoe Source, and Frito-Lay.

Some popular attractions include the Kansas Museum of History, Combat Air Museum, the Kansas State Capitol, the Brown v Board of Education National Historic Site, Westboro Neighborhood, and Topeka Zoo.

Kansas is filled with many attorneys practicing is decent sized law firms, catering to inquiries in all practice areas. Overall, Topeka is a great, well-rounded place with just a little bit of everything to enjoy.

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