Litigation Lawyers in Tomah

If you have been wronged by someone in Tomah, 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 Tomah, 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 of Tomah, Wisconsin recognizes various dozen different torts, but only a few of them are truly litigated with any frequency, and many of them are relics of a bygone age. However, there are a few torts that are litigated very frequently. These torts are negligence, fraud, intentional infliction of emotional distress, and battery.

Types of Torts in Tomah, Wisconsin

Negligence: Negligence is by far the most prevalent tort that results in litigation in Tomah, Wisconsin. 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 another prevalent tort litigated in Tomah, 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.

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 critical 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 grave 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 Tomah, Wisconsin 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 Tomah, Wisconsin Tort Lawyer Help?

If someone has committed a tort against in you Tomah, Wisconsin, 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 either case, a Tomah, 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.