What Are the 4 Elements of a Tort?
A person dealing with an injury after a car accident may be facing a harsh reality of medical expenses and a lack of work income due to recovery needs. There are options available to help one through this difficult time, however. If a person has been injured because of someone else’s negligence, they may want to consider pursuing financial compensation through a civil lawsuit. To succeed in these claims, a person must be able to demonstrate certain facts regarding the case.
If you have sustained an injury in a car accident that was caused by another person’s negligence or recklessness, you may be entitled to legal action. To learn more, contact the Iowa auto accident lawyers of LaMarca Law Group, P.C., by calling 877-327-2600 today.
Essential Requirements of a Tort Case
Tort law deals with cases in which an individual suffered some discernible injury – be it physical, emotional, or financial – due to the actions of another party. These matters are evaluated differently by the court than are criminal cases. For a plaintiff to prevail in a civil action, the following must be demonstrated.
#1: A defendant has to have a duty to uphold for the claimant.
On the road, these duties can include things like not causing an accident or, for traffic authorities, keeping roads safe enough to drive on.
#2: A defendant has to break that duty.
For a claimant to file a lawsuit, they need to prove that the defendant made a mistake that violated their original duty. This can include mistakes like causing an accident because of recklessness.
#3: A claimant has to sustain an injury.
An injury, physical or emotional, is required for any personal injury claim. Without an injury, a claimant’s claim will be rejected.
#4: A defendant has to be connected to the claimant’s injury.
A claimant has to prove causation, which means proving that the defendant’s mistake caused the claimant’s injury.
If you have been injured in a car accident, you may have legal options that you have not considered yet. For more information regarding your rights and options, contact the Iowa car accident attorneys of LaMarca Law Group, P.C., at 877-327-2600 today.