Over $250 million in verdicts and settlements
the past 5 years alone.
Serving New Jersey families for 70 years.
$7 million verdict for a woman injured by an electrical shock.
"It's about winning. It's about helping those who can't go it alone."
— Attorney David Wheaton
$11 million settlement for auto accident resulting in wrongful death.
"It really does matter which attorney you choose."
Privacy Policy
Home  >  Articles  >  The Elements of a Tort

The Elements of a Tort

Tort law is the branch of law that covers damages for civil wrongs. That is, if you have been injured and someone else is at fault, tort law allows you to seek a financial recovery from the person whose actions led to your injury. If you’ve been injured and you think someone else is to blame, a basic familiarity with tort law can help you understand if you can seek financial compensation for your injury. A tort is made up of four elements, and all four must be present for damages to be awarded.

If you or someone you love has been injured through someone else’s negligence, the New Jersey personal injury attorneys of Levinson Axelrod, P.A. may be able to help. Contact us today by calling 800-346-5529.

Understanding the Four Elements

A tort is comprised of a total of four different elements, all of which must be in place for the tort to exist. If the following four elements are present in your case, you have a right to sue to recover lost wages, medical bills, and pain and suffering:

  • The presence of a duty. In general, duty is defined as the responsibility to behave with a reasonable level of care.
  • The breach of the duty. If the defendant failed to live up to his or her duty to behave with a reasonable level of care, he or she has committed a breach.
  • The presence of an injury. You must have been injured in some way.
  • The breach of duty caused the injury. The failure to behave responsibly must have caused your injury.

If these four elements are in place, you could be entitled to financial compensation for your injury.

Contact Us

The New Jersey personal injury attorneys of Levinson Axelrod, P.A. would like to help you recover the money you are owed. Contact us today by calling 800-346-5529.