The Elements of a Legal Claim

The Elements

Every civil lawsuit is built on four elements. To win, the plaintiff must prove each one.

1. Duty

The defendant owed a legal duty. For example, doctors must provide care consistent with medical standards, and insurers must treat policyholders fairly.

2. Breach

The defendant violated that duty. In medical malpractice, this could be failing to diagnose a stroke. In bad faith, it could be refusing to settle a valid claim.

3. Causation

The breach must be the direct cause of harm. It’s not enough to show the doctor made a mistake — you must prove the mistake caused the injury.

4. Damages

Finally, you must prove losses: medical bills, lost wages, disability, or pain and suffering. Without damages, there’s no claim.

Why Elements Matter

Defendants attack each element to try to get the case thrown out. Judges may grant summary judgment if even one element is missing. That’s why early investigation — medical experts, insurance records, witness statements — is so important.

In Georgia and South Dakota, courts follow these same basic elements. The details differ by claim type, but the framework is always: duty → breach → causation → damages.