General Concepts of Injury Law
What is a “tort”?
A tort is a legal wrong committed upon the person or property of another for which a court of law may provide a remedy through a lawsuit for damages (compensation). There must always be a legal duty owed to the injured person and a violation or breach of that legal duty. Auto accidents, medical malpractice claims, nursing home negligence cases, and truck accidents are all examples of tort claims.
The four elements present in a typical tort lawsuit are:
1. Duty – The existence of a legal duty owed by a person to others;
2. Breach – The breach of the duty by one person (negligence);
3. Causation – The breach of the duty being the "proximate cause" of
damages suffered by a person; and
4. Damages – Actual damages resulting from the breach of duty.
Each of the four elements of a tort must be proven in order to win your claim and collect monetary damages.