HELLO .I HAVE AN ASSIGNMENT ABOUT LEGAL ANALYSIS

In class hypothetical

From supervising attorney

To: paralegal

Need a do not engage letter on a potential negligence claim

Philip parker. He was a pedestrian crossing a street a legal crosswalk. He had the right of way. Potential defendant Driver ran a red light because he was texting. He struck Mr. Parker while going about 10 mph. Mr. Parker flew in the air and landed on his side. Driver admitted fault to the police. He was given a ticket. Miraculously, Mr. Parker suffered nothing more than a few superficial scrapes on his elbow. The accident happened about a week ago and he claims to have no residual pain or injury except "PTSD" since the accident but has no intention of seeing any doctors.

I told him without palpable damages it would be fruitless taking on his claim. The problem is, I had to leave the meeting in a hurry and I'm worried this guy (1) we represent him and (2) that he may actually have a decent claim.

Please briefly explain the law to him and why his negligence claim is weak. Also. Be sure to make it clear that we have not taken on his case.

Law negligence occurs when a duty is breached with causes a person to suffer damages

1. Duty( to act as a reasonable prudent person in the same or similar circumstances)
2. Breach( or failure to fulfill that duty)
3. Causation( the breach must be the actual or proximate cause of damages)
4. Damages (must be palpable, beyond nominal losses)

Example format:

1. Greeting

A. i.e. "it was nice meeting you... I would like to clarify a few issues we discussed... as I stated in our meeting, unfortunately, we cannot take on year case...

1. Substance
2. i.e. "in order to pursue a negligence claim against another person you must prove...

Here ( apply law to facts. Legal analysis.

1. Conclusion:
2. i.e." Although Driver was clearly negligent; there must be damages such as serious injury or provable loss to get any sort of award in your favor."