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The Four Elements of Tort

Everyone in society has a duty to not cause harm to others, and when this duty is violated, victims may wish to seek compensation from the party that wronged them. While the law allows for this, there are some specific requirements for any person seeking compensation in a personal injury lawsuit. Becoming familiar with these basic elements of civil law may help any person considering taking legal action after suffering an injury or other loss.

Understanding Torts

For a personal injury lawsuit to be successful, a case must meet four different requirements, known as the four elements of a tort, which are as follows:

  • Duty of care: The plaintiff’s lawyer must demonstrate that the relationship between defendant and plaintiff was such that the defendant was obligated to protect the defendant from reasonably foreseeable harm.
  • Breach of duty: Once the duty to protect has been establish, it must be proven that the defendant did not fulfill that duty, and in failing to do so endangered the health or safety of the plaintiff.
  • Direct cause: The plaintiff’s attorney must prove that it was the defendant’s breach of duty that caused an injury or loss for the plaintiff, and not anything else.
  • Damages: There must be proven loss or harm on the part of the plaintiff.

There are many more details and complexities to consider in a lawsuit; talking to a qualified personal injury lawyer may be the best next step if you are considering taking legal action.

Contact Us

If you or a loved one has suffered an injury or loss that satisfies these four elements of a tort, you may be entitled to compensation for your physical, emotional, and financial losses. For assistance with your personal injury claim, contact the Stevens Point personal injury lawyers at Habush Habush & Rottier S.C. today at 800-242-2874.