What are the Four Elements of a Tort?
The criminal justice system is fairly easy for a layperson to grasp: there are certain actions which are against the law and if an individual engages in such an act then he or she may be subject to citation or arrest. Civil justice, however, can be a far more confusing matter. Tort law exists to offer recourse for those who have been harmed by the non-criminal actions of others. Typically, an aggrieved party may be able to pursue financial compensation through the filing of a lawsuit.
There are certain elements which must be present in order to allow a lawsuit to proceed, and it is important to ensure that you are advised of your legal rights in this matter so that you do not file a lawsuit which may be rejected as frivolous. To learn more, contact a Philadelphia injury lawyer of Lowenthal & Abrams, P.C., at 215-238-1130 today.
The Four Elements
There are four distinct requirements which must be met for a tort lawsuit to have any hope of succeeding in court. These include:
- One individual owed the other a duty of care, or assumed responsibility to act in a manner that would not cause harm
- The individual (defendant) acted in a way to breach the assumed duty of care
- The victim suffered an injury with demonstrable consequences
- The injury was clearly caused by the failure to uphold a duty of care
Contact Us
At Lowenthal & Abrams, P.C., we are experienced in handling a variety of personal injury cases from auto accidents to medical malpractice claims. For more information concerning your case, contact a Philadelphia injury attorney by calling 215-238-1130.