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Negligence and Personal Injury Questionnaire

Georgia Negligence and Personal Injury Questionnaire

Category:

Civil Actions - Negligence

State:

Multi-State

Control #:

US-Q1030

Format:

Instant download

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Public form

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

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.

In a personal injury case, you must establish causation?meaning that it's not enough to show that the defendant was negligent. The negligence must be what caused the complainant's injuries. Causation essentially means proof of negligence, which must be proven in two ways.

What is negligence? In situations where one person owes another a duty of care, negligence is doing, or failing to do something that a reasonable person would, or would not, do and which causes another person damage, injury or loss as a result.

In Georgia, the statute of limitations for civil cases such as car accidents, wrongful death and other personal injury claims is typically two years from the date of the injury or death. You must file a claim with the court by the statute of limitations date or your case is forever void.

In a modified comparative negligence approach (the system that's in place in Georgia), the injured party can only recover as long as they are less than 50 percent at fault for the injuries sustained. However, the amount of the damages that they recover will be reduced in proportion to the amount of their fault.

In all these cases, if another person was ultimately responsible for the accident that led to the injury, you've got a viable personal injury claim. However, if they prove you're the person at fault for the accident, then it typically doesn't count as personal injury negligence.

Based on these definitions, we see that negligence and personal injury have a cause-and-effect relationship. In other words, negligence on someone's part often causes someone else to sustain a personal injury.

One such exception is the Georgia Tort Claims Act (GTCA), which allows individuals to sue the state for personal injury or property damage caused by the negligence of state employees acting within the scope of their employment. The GTCA provides a limited waiver of sovereign immunity for these types of claims.

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