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Pennsylvania 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.

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.

Negligence is a term that refers to a party's failure to exercise the reasonable care expected of them in a particular situation. To hold them accountable and recover compensation, you must be able to establish the four elements of negligence: duty of care, breach of care, causation, and damages.

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.

Note, Pennsylvania follows a 51 percent comparative negligence rule, which means you can recover damages if you were less than 51 percent at fault. If you are found to carry more than 50 percent of the fault for the accident, you will be unable to seek compensation for damages.

For a successful lawsuit under negligence, it is important to prove the four elements of negligence, namely, duty, breach, causation, and harm. A reasonable person is not a part of these elements.

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

For liability in negligence to be founded, four key ingredients must be present: duty of care. breach of that duty. damage (which is caused by the breach) foreseeability of such damage.

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