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Alabama Negligence and Personal Injury Questionnaire

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

A negligence claim requires that the person bringing the claim (the plaintiff) establish four distinct elements: duty of care, breach, causation, and damages.

A negligence claim requires that the person bringing the claim (the plaintiff) establish four distinct elements: duty of care, breach, causation, and damages.

In order to establish negligence, you must be able to prove four ?elements?: a duty, a breach of that duty, causation and damages. Duty: You must first prove that the person against whom your claim is made owed a duty to you.

Different Types of Negligence. While seemingly straightforward, the concept of negligence itself can also be broken down into four types of negligence: gross negligence, comparative negligence, contributory negligence, and vicarious negligence or vicarious liability.

Contributory negligence laws in Alabama can prevent an injured person from recovering anything if they were in any way at fault for the accident. That means that negligence could be proven, yet the responsible party would still be able to walk away without paying any damages.

Most civil lawsuits for injuries allege the wrongdoer was negligent. To win in a negligence lawsuit, the victim must establish 4 elements: (1) the wrongdoer owed a duty to the victim, (2) the wrongdoer breached the duty, (3) the breach caused the injury (4) the victim suffered damages.

Contributory negligence is when an injured person is found partially responsible for their own injuries. Contributory negligence is a common defence strategy in personal injury claims.

Negligence and the EMS Professional There is a duty to act. There is a breach of that duty. The breach causes an affect. Damage has been inflicted to another.

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