The Anatomy of a Tort Claim

Anatomy of a Tort Claim

Introduction to Civil Lawsuits

• Dave Hersh introduces himself as a trial lawyer and co-chair of the commercial litigation department at Burg Simpson Eldredge Hersh and Jardine.

• He distinguishes civil lawsuits from criminal lawsuits, emphasizing that civil actions involve private parties seeking monetary damages or injunctions rather than criminal charges.

Understanding Tort Claims

• Tort claims are defined as legal claims where one person causes injury to another, typically resulting in money damages. Examples include car accidents and malpractice cases.

• To establish a tort claim, three elements must be proven: duty, breach of duty, and damages arising from that breach.

Elements of a Tort Claim

• Using a car wreck example, Hersh explains that the driver has a duty to stay on their side of the road. Breaching this duty occurs when they cross into oncoming traffic.

• Damages must occur for there to be a lawsuit; if no damage happens (e.g., the driver corrects their position), no claim exists. Causation is also crucial—damages must directly result from the breach.

Roles in Tort Claims

• The "plaintiff" initiates the court action while the "defendant" is being sued. The plaintiff carries the burden of proof to substantiate their claims.

Trial Process Overview

• After filing a case, it proceeds to trial where evidence is presented before jurors who deliberate on whether there was a breach of duty and resultant damages.