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What is a Tort (a/k/a personal injury claim)?

April 26, 2017claim personal injury tort

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What is a Tort (a/k/a personal injury claim)?

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A tort is private or civil wrong or injury (other than breach of contract) for which an injured party may seek compensation for their damages. Individuals who have sustained damages as a result of another person’s (or business’s) wrongful conduct may seek compensation for their economic (lost wages, medical bills, etc.) and non-economic damages (pain, suffering, disability, etc.) Examples of common types of cases that fall within the definition of a tort are: automobile accidents, medical malpractice, defective products, slip and falls, defective premises, boating accidents, nursing home negligence, libel, slander, professional negligence, etc. To make recovery an injured party must generally prove: (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; and (4) the damages incurred by a person.