The Four Elements of a Tort

If you have been injured in an accident and you believe someone else is ultimately to blame, you may want to consider filing a lawsuit to get the financial compensation you deserve. In order to receive compensation, a tort must have been committed. Torts are defined by four distinct parts, all of which must be present for a lawsuit to be successful.

The Birmingham personal injury attorneys of Yearout & Traylor, P.C., are dedicated to helping people who have been the victims of accidents. To discuss your case with us, please contact us today by calling 205.414.8160.

The Four Elements

In order for a tort to have been committed, four elements must be in place. Without all four, you may not be able to receive compensation. The elements are as follows:

  • The presence of a duty. The duty may be as simple as “the duty to not act recklessly.” For example, drivers have a duty to follow the law and drive safely.
  • The breach of a duty. The person who caused the accident did not live up to his or her responsibility. In the previous example, the driver may have run a red light.
  • The presence of an injury. For example, the driver running the red light caused an accident which resulted in the injury of another driver.
  • Proximate cause. The injury of the other driver was directly caused by the driver who ran the red light.

If all of these are present, you may be entitled to financial compensation.

Contact Us

To speak to the Birmingham personal injury attorneys of Yearout & Traylor, P.C., contact us today by calling 205.414.8160.