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The Elements of a Tort

Tort law is the branch of law that handles personal injury claims. When an individual is injured because of another person’s negligence or recklessness, he or she may be eligible to pursue financial compensation for his or her losses. In all cases, however, four criteria must be met in order to have a chance at a favorable verdict.

If you or someone you know has been the victim of another party’s poor decisions, he or she may be liable for your losses, including medical expenses, pain and suffering, lost wages, property damages, or the wrongful death of a loved one. To learn more about how to file a claim, contact the Green Bay personal injury attorneys of Habush Habush & Rottier S.C. ® today. Call 800-242-2874 to discuss the details of your case and determine whether or not you have legitimate grounds to file a claim.

The Four Criteria

In all tort cases, there are four elements which must be satisfied in order for the victim to have a chance at receiving compensation for their losses. The criteria include:

  • The defendant (or negligent party) owed the plaintiff (the injured party) a certain duty of care. For example, manufacturers are responsible for meeting all safety and testing requirements in order to protect the public from harm. It is each manufacturer’s responsibility to provide readily tested products without defects.
  • The defendant failed to uphold his or her duty of care. Using the above scenario, this criterion would be satisfied if the manufacturer failed to provide effective and safe products
  • The defendant’s breach of duty resulted in the plaintiff’s injury. Furthering the previous example, the plaintiff may have been injured while using a defective product.
  • The plaintiff suffered serious losses because of the defendant’s breach of duty. The plaintiff must have some evidence of his or her injuries and financial losses.

In order to file a successful claim, the plaintiff must have proof that all of the above criteria are met. Medical records, financial records, and expert testimony can all help you build your case.

Contact Us

If you or someone you love has been injured by another party’s negligence or recklessness, the Green Bay personal injury lawyers of Habush Habush & Rottier S.C. ® may be able to help. Call 800-242-2874 today to speak with an experienced attorney about your case.