Lincoln Tort Lawyers

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Litigation Lawyers in Lincoln

In Lincoln, 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 Lincoln, 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."

Lincoln, Nebraska'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 Lincoln, Nebraska

Negligence: Negligence is the most frequently-litigated tort in Lincoln, Nebraska'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: Unlike negligence, fraud is an intentional tort. Like negligence, courts in Lincoln, Nebraska deal with it quite frequently. Put simply, fraud is a lie told for personal gain. It requires an affirmative misrepresentation, which the speaker knows to be false, intended to induce the victim to render some benefit to the speaker, which causes actual harm (such as financial loss) to the victim. It happens most frequently when somebody is trying to sell something for more than it's worth, and lies about the nature or value of the product to the buyer. If the buyer relies on the seller's false statements of fact in making the decision to buy the product, the seller has committed fraud. In such a case, the buyer is legally entitled to compensation for the harm suffered as a result of the fraud.

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 crucial 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: Also known as IIED in Lincoln, Nebraska, intentional infliction of emotional distress is a fairly new cause of action, having not been recognized until the 20th century. In order to succeed in an IIED lawsuit, the plaintiff has to establish 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 show that the defendant directly 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 Lincoln, Nebraska Tort Lawyer Help?

If you have been the victim of a tort in , Nebraska, you have the authority to seek legal redress. And if you have been sued for a tort, you have a right to defend yourself.

In either case, a Lincoln, Nebraska 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 Lincoln

Lincoln is Nebraska's state capitol-a place filled with something to do for everyone! Lincoln has a large recreation center, great shopping malls, a huge golf course, and several playgrounds for children!

Moreover, Lincoln is home to many wonderful attractions filled with natural and historical beauty. Starting off, the State Capitol Building is described as the nation's first vernacular State Capitol. The building stands 400 feet tall, has four interior court yards, and an observation deck.

Many tours are offered daily, and last approximately thirty minutes.

For those who want to see even more history, the Historic Haymarket is a very popular Lincoln attraction. It has unique galleries, shops, and restaurants. The Historic Haymarket is the social hub of Lincoln, where people can go to socialize, relax, and just have a good time.

Alongside history, Lincoln is also rich in natural beauty. Antelope Park and The Sunken Gardens are a botanist's delight! Both have amazing rose gardens, gorgeous fountains perfect for that special Kodak moment, and breathtaking statues and sculptures.

Children especially love Lincoln because of the Lincoln Children's Zoo.

The Zoo has over 300 animals and a large botanical garden with over 400 species of plants!

The Zoo prides itself in its devotion to animal conservation and community education.

The Zoo also has a species survival program, where animal that are threatened and endangered are taken in and taken care of.

Being the capitol of Nebraska, Lincoln's legal market is full and flourishing.

Lincoln has many legal centers where legal aid is provided to those in need.

Additionally, Lincoln is filled with large, medium-sized, and small law firms in all practices of law.

Overall, the legal needs of anyone and everyone can be taken care of in Lincoln Nebraska.

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