Personal Injury Law Fundamentals Flashcards

What is the legal standard a plaintiff must prove in a personal injury case in the US?

Answer: Preponderance of the evidence

Personal injury plaintiffs must prove their case by a preponderance of the evidence, meaning it is more likely than not that the defendant was at fault.

Which tort doctrine holds an employer liable for the negligent acts of an employee committed within the scope of employment?

Answer: Respondeat superior

Respondeat superior ('let the master answer') imposes vicarious liability on employers for employee torts that occur within the scope of employment.

What is the statute of limitations for most personal injury claims in the majority of US states?

Answer: 2 years

Most US states set a 2-year statute of limitations for personal injury claims, though this varies by state and claim type.

What type of damages compensate a plaintiff for medical bills and lost wages?

Answer: Special (economic) damages

Special damages, also called economic damages, cover quantifiable financial losses such as medical expenses and lost income.

Under which doctrine can a defendant be held liable when the mere occurrence of an accident implies negligence?

Answer: Res ipsa loquitur

Res ipsa loquitur ('the thing speaks for itself') allows negligence to be inferred when the accident ordinarily would not happen without negligence and the defendant controlled the instrumentality.

What is a 'duty of care' in personal injury law?

Answer: A legal obligation to act with reasonable care toward others

Duty of care is the foundational negligence element requiring a defendant to act as a reasonably prudent person would under similar circumstances.