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Personal Injury: What is a "tort"?

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A tort is a private or civil wrong or injury (other than breach of contract) for which a court of law may provide a remedy through a lawsuit for damages (compensation). When a person violates his/her duty to others created under general (or statutory) law, a tort has been committed.

The four elements present in a typical tort lawsuit are:

  1. The existence of a legal duty owed by a person to others
  2. The breach of the duty by one person (negligence)
  3. The breach of the duty being the "proximate cause" of damages suffered by a person
  4. Damages incurred by a person.


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