What must a plaintiff show when claiming damages in a tort case?

When claiming damages in a tort case, the plaintiff must demonstrate that actual damage resulted from the tortious act. This is a fundamental aspect of tort law, as simply alleging harm or that a wrong has occurred is not sufficient for a successful claim. The plaintiff needs to provide evidence that there were real, measurable damages, whether they are physical injuries, property damage, or economic losses.

The necessity of proving actual damage serves to establish a clear connection between the defendant's actions and the harm suffered by the plaintiff. It differentiates between mere wrongful conduct and conduct that results in tangible harm, ensuring that claims are grounded in reality. This requirement also helps to prevent frivolous lawsuits where there is no verifiable injury or loss. Without proof of actual damage, a tort claim lacks the essential basis for seeking compensation.

In contrast, while the existence of a written contract or evidence from witnesses can be important in specific contexts, they are not universal prerequisites for all tort claims. Additionally, not all torts require the defendant to have acted intentionally; negligence, for example, can lead to liability without intent to cause harm.