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GENERAL CONCEPTS
 

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.