accident attorney Personal Injury Law Fundamentals 2

Question 1

Which element of negligence requires a direct link between the defendant's conduct and the plaintiff's injury?

Accepted Answer

Causation

Answer

Causation requires both actual cause ('but-for' test) and proximate cause (foreseeability) to connect defendant's breach to plaintiff's harm.

Question 2

What is the 'eggshell skull' (thin skull) rule in personal injury law?

Accepted Answer

Defendants take plaintiffs as they find them, even with pre-existing vulnerabilities

Answer

The eggshell skull rule holds that a defendant is fully liable for a plaintiff's injuries even if those injuries are unusually severe due to a pre-existing condition.

Question 3

What does 'proximate cause' mean in a negligence claim?

Accepted Answer

The defendant's breach was a foreseeable cause of the type of harm that occurred

Answer

Proximate cause limits liability to harms that were reasonably foreseeable as a result of the defendant's negligence, cutting off liability for remote or unforeseeable consequences.

Question 4

What is a 'tortfeasor' in personal injury law?

Accepted Answer

A person or entity that commits a tort

Answer

A tortfeasor is the party whose wrongful act or omission gives rise to a tort claim and potential civil liability.

Question 5

Which doctrine allows a plaintiff to recover even if partially at fault, reducing recovery by their percentage of fault?

Accepted Answer

Pure comparative negligence

Answer

Under pure comparative negligence, a plaintiff may recover damages reduced by their percentage of fault, even if they are 99% at fault.

accident attorney Practice Test

accident attorney Practice Test

accident attorney Personal Injury Law Fundamentals 2