Texas Negligence and Personal Injury Questionnaire

State:
Multi-State
Control #:
US-Q1030
Format:
Word; 
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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.


How to fill out Negligence And Personal Injury Questionnaire?

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FAQ

Modified Comparative Negligence: Under the 50 percent bar rule: the plaintiff may not recover damages if they are found to be 50% or more at fault. Under the 51 percent bar rule: the plaintiff may not recover damages if they are assigned 51% or more of the fault.

In the pure comparative negligence system, the plaintiff may recover damages minus his degree of fault. This means that if the plaintiff is awarded $100,000 in damages, but the is found at fault for 25% of his injury, the plaintiff could still receive 75% of the $100,000 award.

Crash victims who are partly to blame for causing a motor vehicle accident CAN recover damages as long as they're 50% or less at fault for the accident. If crash victims are 51% or more at fault for an auto wreck, they won't be able to recover compensation under Texas law.

See State Bar of Texas, Texas Pattern Jury Charges PJC 2.1 (2012). ELEMENTS. Elements of a Negligence cause of action are: (1) Duty owed by defendant to plaintiff; (2) Breach of that duty; (3) Proximate cause of the plaintiff's damages by defendant's breach; and (4) Damages.

Texas uses a modified form of comparative negligence (also known as "proportionate responsibility" in Texas). This means that if you are found partially at fault for the injury, then your damages can be reduced.

In simple terms, the 51% bar rule means that you cannot recover any compensation from a car accident case if the court finds that you were more than 50% responsible.

In Texas, you can recover compensation for a personal injury for which you are partially at fault unless your percentage of fault is greater than the percentage that's not your fault. This is also known as the 51% rule ? if you are 51% or more at fault for the accident, you can't get compensation.

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Texas Negligence and Personal Injury Questionnaire