A tort is an unjust act resulting in injury or damages, for which the civil provides that the person may seek action against the person who caused the injury. The person who suffers the harm from the wrongful conduct of another is known as the plaintiff. The person or “party” who caused the injury is known as the tortfeasor.
There are three elements of a tort action. All three must be present to have a valid claim against the tortfeaser. These factors are (1) a duty; (2) a breach of that duty; and (3) damages resulting from the breach of that duty. Claimant or plaintiff must show that the defendant was under a legal duty to act in a particular manner; that the defendant did not act according to that duty; and that the plaintiff suffered injuries or damages as a result of this breach of duty. Whether a defendant violated a duty owed to plaintiff is determined by the common law or by statutory law.
It is important to note that when a party has suffered damages from the tortious or negligent conduct of another party, the damaged party can bring a claim for monetary damages. Negligent conduct is known as an act or failure to act using ordinary care. Ordinary care is the care a reasonable person would have used under the circumstances surrounding the incident.
If a person is injured in an accident involving a vehicle, the damages would typically include medical expenses, lost wages due to being unable to work as a result of the injuries, pain, suffering and inconvenience. There may also be a claim for future losses of wages and medical bills.