A proper understanding of the essential elements of personal injury law can help any person who is hurt in an accident to judge whether or not he may be entitled to monetary compensation for damages suffered. There are certain elements that must be present in each case before any accident victim can engage in successful litigation. Knowing what these elements are can simplify the decision process considerably.

Defining The Harm

These injuries are best described as damages resulting from accidents and other incidents. In most cases, this damage involves physical harm suffered, but it can include mental anguish and other psychological pain as well. The presence of damages, however, is not by itself sufficient to guarantee that financial recovery can be obtained through litigation.

The Tort

To have a legal action available, the injuries must result from a tort. A tort is, quite simply, any non-criminal offense against another that can be litigated in court. Torts involve situations where one person fails to fulfill legal duties owed to another. Most times the action involves some degree of negligence, although it can at times also involve deliberate actions. To qualify as a tort, four essential elements must be present.

There Must Be A Duty

As a matter of law, every tort stems from a legal duty. There are common standards recognized in most jurisdictions, though some have stricter definitions of duty than others. One simple example of this type of duty would be the basic requirement that any owner of a restaurant ensure that his customers have clear pathways on which to walk without fear of tripping or falling.

Breach Of Duty

When a person fails to meet his legal duty, he establishes the breach of duty that is the second essential element of a tort. In our example, the restaurant owner fails to pick up cleaning equipment from his restaurant floor and thus creates a known hazard for his customers.

Linking Cause To Damages

As a third requirement, the damage from the accident must have resulted from the failure to fulfill the recognized duty. In other words, the customer who eventually tripped and fell over the object on the floor in the aforementioned restaurant must have suffered damages as a result of that fall. This then links the damages to the negligence of the restaurant owner.

The Damages

Finally, torts require damages that can be measured in terms of dollars and cents. The customer above may have suffered serious damage to nerve endings when he fell, and these damages may have resulted in medical expenses and a diminished capacity for earning a living.

These four elements can add up to a tort in any situation involving falls, automobile collisions, or similar incidents. Victims of these incidents can seek recovery for everything from tangible monetary damages for lost work and medical costs to psychological pain and suffering. When these basic concepts of personal injury law are understood by the accident victim, he will have an easier time determining if and when to contact an attorney.

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Category: Legal
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