The Elements of a Tort Law in the US

Accidents happen; most of the time there is no one to blame, but there are also situations when someone’s negligence is the cause of someone else’s pain. If you’re the victim of an event which could have been prevented, you should know the four elements of a tort – a lawsuit against a person who caused you an injury.

Have a base for your lawsuit

To be able to define a tort you need to have a base: the presence of a duty. It can be the duty to change light bulbs or the duty to count all the instruments after a surgery – if there is a civil duty, you can look for the negligence. If you can’t identify the duty, you might need help from a lawyer. If he can’t identify a duty either, the case lacks support.

Negligence or more

When there is a duty, there is also the responsibility to follow it for one of the parts. If breaking the duty by driving at a high speed in a 50 mph zone, for example, is a breach of duty. This breach can remain without consequences, but if something bad happens, like a car crash, the party which broke the duty is guilty and can be prosecuted.

Against what can you take legal action?

tortYou can take legal action when you are the victim of someone’s negligence, because you should not deal with your medical bills alone if someone caused the incident and wounded you after breaking a duty. There are many cases of litigation after breach of duty, yet the most of them involve slipping accidents. If a hotel employee fails to drain the floor and you fall on it, you may be entitled to financial compensations.

The second most common type of litigation involves medical malpractice. When a doctor or a team of doctors neglects your state or overlooks your other conditions while treating you, for example, they can be held responsible if you become ill because of their negligence.

Watch out for the liability claims

When you hire a constructor who doesn’t have insurance and the employees are injured while forking on your property, there is a case of tart and you are the one which can be made responsible. Liability claims are more frequent than you might imagine, so make sure you have an excellent lawyer if you don’t have insurance or your contractor doesn’t own one.

Traffic is last

The lowest number of tarts comes from traffic – quite strange, as most people would think of a car crash when it comes to personal injury cases. However, car crashes and bike incidents are not as common as slips, but you do want to stay safe while driving or cycling. Make sure you obey all the traffic laws, regardless if you are on foot or behind the wheel.

Now that you know the basics of torts, you should be able to evaluate any incident and call a lawyer when you have a case of personal injury in your hands and there is someone guilty for your wounds.