A tort is a legal cause of action arising from a civil wrong committed by one party and causing an injury or loss to another. There are different types of torts, but regardless of the type, a tort is committed when:
- A tortfeasor owed a duty to act or not act in a specific way to the victim;
- The tortfeasor breached the duty owed to the victim; and
- As a result of the breach, the victim suffered an injury or loss.
A tort claim is filed by the injured party or their surviving loved ones against the tortfeasor to recover damages arising from the breach of duty. If settlement negotiations are unsuccessful, a lawsuit may then be filed. The case may then continue to alternative dispute resolution and possibly all the way to trial.
