Oak Creek Tort Lawyers

Find the right Litigation attorney in Oak Creek, WI

Litigation Lawyers in Oak Creek

If you have been wronged by someone in Oak Creek, Wisconsin, and have sustained a tangible loss as a result, you may have been the victim of a "tort," and entitled to pursue compensation from the person who wronged you, through the legal system.

Typically, any bad act in Oak Creek, Wisconsin 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."

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

Types of Torts in Oak Creek, Wisconsin

Negligence: Negligence is the most frequently-litigated tort in Oak Creek, Wisconsin'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 Oak Creek, Wisconsin 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.

Battery: Battery in Oak Creek, Wisconsin 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 practically 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: Intentional infliction of emotional distress is also called IIED in Oak Creek, Wisconsin, 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. Moreover, it must be shown that this conduct directly caused severe emotional distress in the plaintiff, and that that was the defendant's intent. Establishing 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 Oak Creek, Wisconsin Tort Lawyer Help?

If somebody has injured you, either intentionally or negligently, in Oak Creek, Wisconsin, 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 apparent reasons.

In either case, an Oak Creek, Wisconsin 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 Oak Creek

Oak Creek, Wisconsin is a city in Milwaukee County. It has a population of about 30,000 people. Oak Creek is a suburb of Milwaukee, the largest city in Wisconsin. Until the 1950s, Oak Creek was mostly semi-rural farmland. It was incorporated in 1955, out of unincorporated county land. This move was orchestrated by Tony Basile, who would become Oak Creek's first city attorney. The people of Oak Creek decided to incorporate into a town so the area would not be annexed by the rapidly-expanding Milwaukee. Oak Creek is the headquarters of Midwestern Airlines, a small regional commuter airline, and the source of hundreds of jobs in the area. However, the parent company of the airline is moving its headquarters to another city. Since that announcement, a large mining equipment company announced that it would be moving its headquarters to Oak Creek, Wisconsin, to occupy the corporate offices being vacated by the airline. If you live in Oak Creek, Wisconsin, and are in need of some type of legal help, Oak Creek, Wisconsin lawyers are ready to help. Oak Creek, Wisconsin lawyers can handle almost any legal problem a person might be faced with.

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