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Home  >  Articles  >  What Is a Tort?

What Is a Tort?

As defined by common law, tort law is any action in which another person neglects to do the civil duty that is owed to another person. Most commonly, tort law is brought to action in personal injury cases where another person has been grievously injured, whether physically or emotionally, by someone else who has acted negligently or recklessly.

Although tort law typically covers careless actions that cause injury, it does also cover intentional torts, which occur when a person purposely harms another. When an injury occurs as a result of intentional or unintentional negligence, the victim may be able to pursue compensation under tort law.

Elements of a Tort

In order to file a claim against another person under tort law, there are certain elements that a person must prove when trying to hold someone else liable for their negligence. These elements include:

  • Duty of Care – the person filling a claim must show they are owed a certain civil duty by the other party
  • Breach of Duty – the defendant neglected to live up to their civil duty
  • Damage – some sort of damages or injuries must have been inflicted
  • Proximate Cause – there was actions directly relating to the injury and, if those actions had not occurred, the damages also would not have
  • Direct Cause – the actions of the defending party must have directly caused the damages of the injured party

Filing a claim against another person or corporate entity for negligence can be a frustratingly complicated and drawn-out process. An experienced attorney of Levinson Axelrod, P.A. can help you wade through the many intricacies and help you fight for the compensation you may be due.

Contact Us

When you have been injured as a result of someone else’s actions and want to file a suit against them, hiring a qualified and knowledgeable Hunterdon County personal injury attorney of Levinson Axelrod, P.A. may be the best course of action you can take. Contact a member of our legal team today at 800-346-5529.