Civil Litigation and Procedure 1

In a law office interview of your client, you will need to ask a variety of different questions during the interview. In order to prepare the questions, you will need to keep in mind the elements necessary to show that negligence exists in the case. Use the fact pattern below:

Ms. Scarlet was on her way to a dinner party, and was running late. She was attempting to exit the expressway when Mr. Plum rear-ended her minivan. Ms. Scarlet immediately felt pain in her neck, back, and down her right leg. She recalls being taken by ambulance to the hospital for treatment. She remained in the hospital for two days. When she was released from the hospital, she engaged the services of an independent physical therapist to provide her with physical therapy in her home for the next six months. Her two grown sons moved back in with her in order to assist her with the activities of daily living. Ms. Scarlet does not have any physical injuries resulting from the accident, although she is certain her pain was sustained as a result of the accident. Ms. Scarlet’s car sustained no damages other than a small dent on the back of her bumper. She has retained your supervising attorney to sue Mr. Plum for the pain and suffering she has endured from the accident. Your supervising attorney has asked you to interview Ms. Scarlet to obtain more information and determine if a claim for negligence exists.

Prepare ten questions you would ask Ms. Scarlet. Explain why you would ask each particular question. Then, identify any medical records you would request, and how you would go about obtaining the records.

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