Elements of a case are the component parts of a legal claim or cause of action that a plaintiff must prove to succeed in a lawsuit. Each claim is made up of specific elements, and the plaintiff must establish each one to prevail. In civil cases, the burden of proof is generally a preponderance of the evidence, meaning it is more likely than not that the element is satisfied.
For example, the elements of a negligence claim are:
- The existence of a legal duty owed by the defendant to the plaintiff
- A breach of that duty by the defendant
- Cause in-fact or actual cause, i.e., plaintiff’s injury would not have occurred but for the defendant’s conduct.
- Proof that the defendant’s breach caused the injury (often defined through proximate cause)
- Damages, meaning the plaintiff suffered actual, compensable harm such as physical injury, financial loss, or property damage
When filing a civil lawsuit, a plaintiff sets out the cause of action and alleged violations in a complaint. In a negligence claim, this would include allegations that the defendant owed a duty, breached it, that the breach was the proximate cause of injury, and that damages resulted.
See also: elements (of a crime)
[Last reviewed in August of 2025 by the Wex Definitions Team]