The Legal Process After an Accident Flashcards
6 cards from real Accident Lawyer Tips practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 6 The Legal Process After an Accident flashcards as text
What is the difference between 'liability' and 'damages' in an accident lawsuit?
Answer: Liability is who is at fault; damages are the compensation owed to the victim
Liability determines legal responsibility for the accident, while damages measure the financial compensation the responsible party owes.
What is an 'expert witness' and when are they used in accident cases?
Answer: A specialist who provides professional opinion testimony on technical issues outside ordinary knowledge
Expert witnesses such as accident reconstructionists and medical specialists help the jury understand complex technical or scientific aspects of the case.
What happens if you miss the statute of limitations for your accident claim?
Answer: Your case is permanently barred and you lose the right to sue
Missing the statute of limitations extinguishes your legal right to pursue compensation through the courts.
What is 'arbitration' and how does it differ from a trial in accident cases?
Answer: Arbitration is a private, binding dispute resolution process without a jury
Arbitration resolves disputes before a neutral arbitrator rather than a jury, and the decision is typically binding and not subject to appeal.
What is 'respondeat superior' and how does it affect accident lawsuits?
Answer: An employer can be held liable for an employee's negligent actions within the scope of employment
Respondeat superior holds employers legally responsible for accidents caused by employees acting within the course and scope of their job duties.
What is the 'burden of proof' in a civil personal injury case?
Answer: The plaintiff must prove their case by a preponderance of the evidence (more likely true than not)
In civil cases, the preponderance standard requires showing that it is more likely than not (over 50%) that the defendant caused your injuries.