I would like to know why some attorneys use MVA and others use General Negligence as causes of action in a car accident case?

Asked 11 months ago - San Francisco, CA

I've been reading case files, and I noticed that some attorneys use MVA as a cause of action for personal injury suits, and others use MVA and General Negligence. I understand using both, but I don't understand only using MVA. It doesn't seem to allow you to establish negligence.

Attorney answers (4)

  1. Alan Ray Barnes

    Contributor Level 18

    10

    Lawyers agree

    1

    Answered . Paragraph MV-1 of California Judicial Council Form PLD-PI-001(1) (Cause of Action - Motor Vehicle) contains an allegation that the defendant(s) acted negligently. In my opinion, form PLD-PI-001(2) (Cause of Action - General Negligence) is therefore superfluous.

  2. Robert Bruce Kopelson

    Contributor Level 20

    8

    Lawyers agree

    1

    Answered . In a typical car crash case, I use the MVA only. It contains the necessary allegations.

  3. Manuel Alzamora Juarez

    Contributor Level 20

    6

    Lawyers agree

    1

    Answered . YOU CAN USE THE GENERAL NEGLIGENCE TO BRING ABOUT NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS AND INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS. BEST OF LUCK.

    This answer is provided by California Accident Attorney Manuel A. Juarez, Esq., 510-206-4492. Abogado de... more
  4. Christian K. Lassen II

    Pro

    Contributor Level 20

    4

    Lawyers agree

    Answered . MVA unless emotional injuries sustained

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