Litigation Lawyers in South Sioux City
In South Sioux City, Nebraska, a "tort" is any wrongful act, besides a breach of contract or a crime, that the judicial system can remedy.
Typically, any bad act in South Sioux City, 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 South Sioux City, Nebraska recognize a very considerable 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 Sioux City, Nebraska
Negligence: Negligence is by far the most prevalent tort that results in litigation in South Sioux City, 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 practically any context.
Fraud: Fraud is an intentional tort, unlike negligence. It is also dealt with fairly frequently by courts in South Sioux City, Nebraska. Fraud is a lie that one person tells to another, with the intent to harm the other person, typically 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: The law in South Sioux City, Nebraska 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 precisely amount to battery, since it is harmful, unless it results 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: This is a tort in South Sioux City, Nebraska that involves emotional distress, and does not need 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 South Sioux City, Nebraska Tort Lawyer Help?
If someone has committed a tort against in you South Sioux City, Nebraska, you have a legal power to seek compensation. Moreover, if someone has sued you, alleging that you committed a tort, you have a right to mount a legal defense.
In both cases, a reliable South Sioux City, Nebraska 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.