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Arkansas 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

Establishing liability in Arkansas car accidents involves your attorney proving negligence existed. Arkansas is a modified comparative negligence state, which means that it assigns liability based on the degree of negligence exhibited by the defendant or the plaintiff.

Arkansas Negligence Law at a Glance Under Arkansas statute, damages are awarded in proportion to the plaintiff's contributions to their own injuries. But if the plaintiff is at least as responsible for the injuries as the defendant, they may not recover any damages.

Negligence thus is most usefully stated as comprised of five, not four, elements: (1) duty, (2) breach, (3) cause in fact, (4) proximate cause, and (5) harm, each of which is briefly here explained.

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.

Doing so means you and your lawyer must prove the five elements of negligence: duty, breach of duty, cause, in fact, proximate cause, and harm.

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.

The following four elements must be present for a defendant's negligence to be proven in Arkansas: The defendant owed the plaintiff a duty of care. The defendant breached the duty of care owed to the plaintiff. The defendant's breach of duty of care caused the plaintiff's injuries. The plaintiff suffered real damages.

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