Personal Injury - What is a tort?

A tort is a private or civil wrong or injury (other than breach of contract) for which a court of law may provide a remedy through a lawsuit for damages (compensation). When a person violates his/her duty to others created under general (or statutory) law, a tort has been committed.

The four elements present in a typical tort lawsuit are:

(1) The existence of a legal duty owed by a person to others

(2) The breach of the duty by one person (negligence)

(3) The breach of the duty being the proximate cause of damages suffered by a person

(4) Damages incurred by a person.

Each of the four elements of a tort typically must be present to be compensated.

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