Omaha Tort Lawyers

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Litigation Lawyers in Omaha

In Omaha, Nebraska, a "tort" is any wrongful act, besides a breach of contract or a crime, that the judicial system can remedy.

Basically, any bad act in Omaha, Nebraska that gives you the legal right to sue the person who committed the act, is a tort. Your particular right to sue is called a "cause of action."

Statutes and appellate court rulings in Omaha, Nebraska recognize a very massive 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 Omaha, Nebraska

Negligence: Negligence is by far the most frequent tort that results in litigation in Omaha, Nebraska. Negligence is a failure to exercise the amount of care appropriate for a certain situation, and causing harm to someone else as a result of this carelessness. For instance, running a red light is inherently careless. If you run a red light, and cause personal injury or property damage, you are liable for the harm you caused. Of course, this is just one instance, and negligence can occur in basically any context.

Fraud: Unlike negligence, fraud is an intentional tort. Like negligence, courts in Omaha, Nebraska deal with it quite often. 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 occurs most commonly 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 situation, the buyer is legally entitled to compensation for the harm suffered as a result of the fraud.

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, especially of a sexual nature, is considered offensive by just about everyone, and would also be considered battery even if it causes no physical injuries. Sometimes, a doctor will operate on the wrong body part, which the patient did not consent to be operated on. And, sometimes, 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 is also called IIED in Omaha, Nebraska, and it was not identified 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 Omaha, Nebraska Tort Lawyer Help?

If somebody has hurt you, either intentionally or negligently, in Omaha, Nebraska, 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 likely want to, for evident reasons.

In either situation, a Omaha, Nebraska 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.

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Life in Omaha

Omaha is the seat of Douglas County and the largest city in the State of Nebraska. Omaha has a population that has been climbing toward 500,000 residents as well as 5 of Fortune 500's richest companies. Those include Union Pacific Corporation, Mutual of Omaha, ConAgra Foods, Peter Kiewit and Sons Inc., and Berkshire Hathaway. These monumental companies attract many other outstanding Fortune 1000 companies like the headquarters of TDAmeritrade, West Corporation, Werner Enterprises, First National Bank of Omaha, and world renown architectural firms like Leo A Daly and the DLR Group.

Omaha's urban landscape plays host to some of the world's most wealthy businessmen like Warren Buffett. Not surprising to find out then Forbes Magazine voted Omaha the "Best bang for your buck city" in the United States. The Olympic Swim Trials were hosted in Omaha in 2008 and again in 2012. Additionally, the College World Series is held in Omaha. Omaha is a diverse Midwestern city with a number of dedicated neighborhoods. Besides gated communities, Omaha offers a number of ethnic neighborhoods like Little Mexico, Little Italy, and Greek Town offer some of the city's most authentic restaurants. Downtown offers a number of nationally recognized historic landmarks and museums. Many residents work in the meatpacking and railroad industries. Omaha is famous for it's meat products, most notably Omaha Steaks which are shipped throughout the world.

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