A personal injury lawsuit is a type of “tort” litigation, under which the injured party seeks reparations for the damages caused by another. Tort litigation is usually conducted in a civil court rather than a criminal court and is resolved by awarding financial compensation for the victim’s damages. If you or a loved one has been injured in an accident caused by the irresponsible or careless behavior of another person, you may be eligible for compensation to cover the costs of your medical bills, lost wages, and long-term suffering.
Four Elements of a Tort
In order for a case to qualify as tort litigation, it must contain the all of following four elements:
- Duty: The responsibility of a person in society to behave in a way that will not harm others, such as a driver’s duty to drive safely or a store’s responsibility to warn customers of wet, slippery floors.
- Breach of duty: A person causes an injury through failing to perform his or her duty, such as a motorist driving recklessly or a store manager failing to ensure his or her store is safe for customers.
- Causation: The particular breach of duty caused injury to the victim, either directly and immediately or indirectly and eventually.
- Injury: Proof that the victim was actually injured, including physical injury, emotional trauma, or pain and suffering.
An Iowa personal injury attorney can evaluate your situation and determine if your case meets the criteria for tort litigation. If so, you may be eligible for compensation to help cover the costs of your injury.
If you have been injured in an accident, an experienced Iowa personal injury lawyer from LaMarca Law Group, P.C. can help you build a strong case in order to pursue the compensation you need. Contact our offices today at 877-327-2600.