Tort law is the branch of law that covers damages for civil wrongs. That is, if you have been injured and someone else is at fault, tort law allows you to seek a financial recovery from the person whose actions led to your injury. If you were injured and think someone else is to blame, a familiarity with tort law can help you understand if you can seek financial compensation for your injury. A tort is made up of four elements, and all four must be present for damages to be awarded.
Four Elements of a Tort
A tort is comprised of four different elements, all of which must be in place for the tort to exist. If the following four elements are present in your case, you have a right to sue to recover lost wages, medical bills, and pain and suffering:
- The presence of a duty. In general, duty is defined as the responsibility to behave with a reasonable level of care.
- The breach of the duty. If the defendant failed to live up to his or her duty to behave with a reasonable level of care, he or she has committed a breach.
- The presence of an injury. You must have been injured in some way.
- The breach of duty caused the injury. The failure to behave responsibly must have caused your injury.
If these four elements are in place, you could be entitled to financial compensation for your injury.
Tort Lawyers
Tort lawyers are better known as trial lawyers or personal injury attorneys. If you were injured ny another party’s negligence or careless actions, you will need a tort attorney on your side.
