Personal Injury Law Basics Flashcards
6 cards from real accident attorney practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 6 Personal Injury Law Basics flashcards as text
What is the primary legal basis for most accident injury claims in the United States?
Answer: Tort law
Tort law governs civil wrongs, including personal injury claims arising from accidents.
What must a plaintiff prove to establish a negligence claim after an accident?
Answer: Duty, breach, causation, and damages
Negligence requires proving four elements: duty of care, breach of that duty, causation, and resulting damages.
What is the statute of limitations for personal injury claims in most US states?
Answer: 2 years
Most states impose a 2-year statute of limitations for personal injury lawsuits, though this varies by state.
Which doctrine allows an injured party to recover damages even if they were partially at fault?
Answer: Comparative negligence
Comparative negligence allows recovery reduced by the plaintiff's percentage of fault.
What type of damages compensate for pain and suffering in an accident case?
Answer: Non-economic damages
Non-economic damages cover intangible losses like pain, suffering, and emotional distress.
What is a contingency fee arrangement in accident attorney practice?
Answer: Attorney is paid a percentage of the settlement only if the case is won
A contingency fee means the attorney receives payment (typically 33-40%) only if the client recovers money.