The Four Elements of a Tort

Personal Injury Lawyers Serving Tucson, Phoenix, Flagstaff and all Arizona communities

While many people understand that they may be able to take legal action if they are injured due to the negligent or reckless actions of another person, they often do not know what exactly a “tort” is and how it applies to civil law. A “tort” is a legal wrong, and persons who suffer injury caused by someone else may be able to pursue compensation from the person or persons responsible through a civil lawsuit. In order to prove a personal injury case in court, the plaintiff’s attorneys will typically need to prove that the four essential elements of a tort are present.

If you or someone you love has been seriously injured by someone else’s negligent actions, contact the Tucson and Phoenix personal injury attorneys of Miller, Pitt, Feldman & McAnally, P.C. to discuss your legal options.

The Four Basic Tort Elements

In a personal injury case, the four basic elements of a tort include:

• • Demonstrating that the defendant had a duty to observe or protect the safety of the plaintiff
  • The defendant breached that duty and endangered the health and safety of the plaintiff
  • The plaintiff suffered injury in some form
  • The plaintiff’s injuries were caused by the negligence of the defendant.

Injured parties may be able to pursue legal action to gain compensation for present and future medical expenses, lost wages, and mental and emotional trauma.