New York 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.


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FAQ

Under contributory negligence, the plaintiff is barred from recovering damages if they are found even partially at fault. On the contrary, under comparative negligence, a plaintiff may still recover damages. However, damages are generally reduced by the percentage of the plaintiff's fault.

New York's contributory negligence law allows injured individuals to recover compensation for their injuries in proportion to the fault of others. Compensation is diminished by whatever percentage of fault is attributable to the injured party.

The statute of limitations in New York for a personal injury action, including those involving car accidents, is three years. The timeline begins running on the date the accident occurred. However, there are certain circumstances under which the statute of limitations may be much shorter.

All states ? including New York ? have some type of ?contributory negligence? laws on the books to handle these types of situations. These laws dictate how fault (and liability) for an accident should be divided when multiple parties play a role.

In the United States, the pure contributory negligence only applies in Alabama, Maryland, North Carolina and Virginia. The District of Columbia largely follows the contributory negligence model, but with exceptions for motor vehicle accidents involving pedestrians and bicycles.

To establish a negligence per se claim, you must prove the defendant violated a law. In addition, you must prove the law that they violated was created to protect a certain class of people that you belong to. Finally, you must prove that their violation of the law was the direct cause of your injuries and damages.

In the latter, the responsibility shifts depending on the determined percentage of each defendant's liability. A judge or a jury typically makes this determination. In New York State, defendants generally are held joint and severally responsible.

New York, however, is one of about 13 states which follows a pure comparative negligence rule. In New York, an injured plaintiff can recover from a negligent defendant regardless of the amount of fault attributed to the plaintiff.

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New York Negligence and Personal Injury Questionnaire