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Negligence and Personal Injury Questionnaire

Category:
Civil Actions - Negligence
State:
Multi-State
Control #:
US-Q1030
Format:
Word; 
Rich Text
Instant download
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Description

This form addresses important considerations that may effect the legal rights and obligations of the parties in a personal injury/negligence matter. This questionnaire enables those seeking legal help to effectively identify and prepare their issues and problems. Thorough advance preparation enhances the attorney’s case evaluation and can significantly reduce costs associated with case preparation.



This questionnaire may also be used by an attorney as an important information gathering and issue identification tool when forming an attorney-client relationship with a new client. This form helps ensure thorough case preparation and effective evaluation of a new client’s needs. It may be used by an attorney or new client to save on attorney fees related to initial interviews.


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FAQ

For example, if a plaintiff incurs $3,000 in medical bills related to a broken arm, he might multiply that by three, and conclude that $9,000 represents a reasonable amount for pain and suffering. The multiplier method is used in our accident settlement calculator.

That said, from my personal experience, the typical payout for pain and suffering in most claims is under $15,000. This is because most claims involve small injuries. The severity of the injury is a huge factor that affects the value of pain and suffering damages.

The defendant's conduct was outrageous, The conduct was either reckless or intended to cause emotional distress; and. As a result of the defendant's conduct the plaintiff suffered severe emotional distress.

You must prove there was a duty owed from one person to another. You must show that there was a breach of that duty or standard of care. You must show that the breach of that duty or standard of care was the actual and proximate (legal) cause of the injury. You must show the damages that resulted from the negligence.

The phrase pain and suffering refers to a legal term that describes both the physical and emotional injuries suffered by a victim following an accident. Any substantial physical pain or mental anguish you suffer following an accident may qualify as pain and suffering for settlement purposes.

To be awarded actual compensatory damages, the plaintiff must prove that the losses suffered equate to a monetary value that a judge or jury can determine. An accident victim can also be compensated for general damages.

Negligence claims must prove four things in court: duty, breach, causation, and damages/harm. Generally speaking, when someone acts in a careless way and causes an injury to another person, under the legal principle of "negligence" the careless person will be legally liable for any resulting harm.

While negligence cases can be relatively simple to prove in some instances, many will be fought in court. Securing legal representation now can put you in the best position to fight for your rights and the compensation you are entitled to.

Medical bills. Medical records. Medical prognosis. Expert testimony. Pictures of your injuries. Psychiatric records.

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