When you have been injured or suffered a loss due to the negligence of another individual or group, it is understandable that you may want to seek financial compensation to assist you in dealing with those losses and damages. In the United States, it is your legal right to pursue compensation in such cases. However, the law has specific requirements that must be met in order for a court to rule in your favor. Understanding some of the basic concepts of these laws can assist anyone who is considering filing a Delaware personal injury lawsuit.
The Four Elements of a Tort
In modern law, there are four main elements that must be proven in every personal injury lawsuit. These are known as the four elements of a tort, and can be summarized as follows:
- Duty of care: It must be proven that the relationship between the defendant and the plaintiff obligated the defendant to protect the plaintiff from foreseeable harm in some way.
- Breach of duty: It must be proven that the defendant neglected his or her duty to protect the plaintiff from foreseeable harm.
- Damages: The plaintiff’s attorney must be able to show that real and quantifiable damages occurred.
- Direct cause: It must be demonstrated that it was the negligence of the defendant and not any other cause that caused the injury or loss for the plaintiff.
Personal injury law is much more complex than these four principles, but they provide a good introduction to understanding tort law.
If you or a loved one sustained an injury or loss due to the negligence of others, you should not have to suffer alone. The Delaware personal injury attorneys of Morris James Personal Injury Group understand what you are going through and are ready to assist in your case. Contact us today.