Accident Lawyer Personal Injury Claims Process 2 — Questions and Answers
Question 1: What is a 'contingency fee' arrangement in personal injury law?
- The attorney charges a flat fee regardless of outcome
- The attorney is paid only if the client wins or settles (Correct answer)
- The client pays hourly for legal services
- The court assigns attorney fees to the losing party
Correct answer: The attorney is paid only if the client wins or settles
Under a contingency fee arrangement, the attorney receives a percentage of the recovery only if the case is successful, requiring no upfront payment from the client.
Question 2: What is the purpose of a 'deposition' in a personal injury case?
- To file the initial complaint with the court
- To take sworn out-of-court testimony from witnesses (Correct answer)
- To present closing arguments to the jury
- To negotiate a settlement with the insurer
Correct answer: To take sworn out-of-court testimony from witnesses
A deposition is sworn testimony given outside of court, recorded for use during trial or settlement negotiations as part of the discovery process.
Question 3: What does 'subrogation' mean in personal injury cases?
- The plaintiff substitutes a new attorney
- An insurer's right to recover costs from the at-fault party after paying a claim (Correct answer)
- The defendant subrogates liability to a third party
- The court reduces the damages awarded
Correct answer: An insurer's right to recover costs from the at-fault party after paying a claim
Subrogation allows a health or auto insurer that paid the plaintiff's bills to seek reimbursement from the at-fault party or their insurer.
Question 4: What is an 'independent medical examination' (IME) in personal injury litigation?
- An exam ordered by the plaintiff's attorney to confirm injuries
- A defense-requested medical exam to evaluate the plaintiff's injuries (Correct answer)
- A court-ordered autopsy
- An examination performed by the treating physician only
Correct answer: A defense-requested medical exam to evaluate the plaintiff's injuries
An IME is typically requested by the defense or insurer to have an independent doctor evaluate the extent of the plaintiff's injuries and whether they are causally related to the accident.
Question 5: What is 'comparative negligence' in US personal injury law?
- The defendant compares past negligence cases as a defense
- A system that reduces the plaintiff's damages based on their share of fault (Correct answer)
- A rule that bars recovery if the plaintiff was at all at fault
- A method for comparing medical expenses to lost wages
Correct answer: A system that reduces the plaintiff's damages based on their share of fault
Comparative negligence apportions fault between parties, reducing the plaintiff's recovery by their percentage of responsibility for the accident.
Question 6: What does 'proximate cause' mean in a personal injury claim?
- The nearest hospital to the accident scene
- The legal cause directly linked to the plaintiff's injury (Correct answer)
- The approximate cost of medical treatment
- The first responder who arrived at the scene
Correct answer: The legal cause directly linked to the plaintiff's injury
Proximate cause is the legal standard requiring that the defendant's negligent act was a direct and foreseeable cause of the plaintiff's injuries.
Accident Lawyer Personal Injury Claims Process 2
What is a 'contingency fee' arrangement in personal injury law?