Understanding the 4 Basic Elements of a Tort
An injury can leave a person wondering how they will cover the cost of their medical bills or cope with the loss of income from work. However, compensation may be available for these people through the pursuit of a civil action. The basis of these claims centers on a tort, or some incidence of negligence or recklessness committed by one party against another.
If you have been injured because of someone else’s mistakes on the road, you may be looking for financial help with your overwhelming bills. For more information about your legal rights and options, contact the Waukesha car accident lawyers of Habush Habush & Rottier S.C. by calling 800-242-2874.
Though the outcome of a case will depend upon far more than the ability to demonstrate the following, these conditions must be present for a tort action to proceed.
#1: The defendant needs to have had a duty to the claimant.
A duty can be interpreted widely, depending upon the nature of the case. For instance, property owners have a duty to prevent unnecessary injuries due to poor maintenance in places like parking lots and private roads. On the other hand, motorists have a general responsibility to not cause a car accident.
#2: The defendant needs to have violated that duty.
When a defendant has a duty to perform and they fail to do so, their mistake may create the grounds for a civil lawsuit. This breach of duty can range from problems like not providing sufficient road signage to driving recklessly.
#3: The claimant needs to have been injured.
A claimant needs to have proof of an injury they sustained in the incident. This can either be a medical report showing a physical injury or some sort of evidence clearly proving emotional or financial damage.
#4: The claimant’s injury must have been caused by the defendant’s negligence.
The final part of establishing the basis of an injury claim is to prove that a claimant’s injury was caused by a defendant’s mistakes. This brings together the other elements of the tort. If a person can prove these elements, they may be awarded compensation for their injury.
If you or someone you love has sustained an injury in an auto accident, you may be entitled to financial compensation. For Contact the Waukesha auto accident lawyers of Habush Habush & Rottier S.C. by calling 800-242-2874 for the skilled and experienced legal representation that you need and deserve.