Mixed Deck — All Accident Lawyer Tips Topics Flashcards

What should you do if an insurance company makes a quick settlement offer right after the accident?

Answer: Consult a lawyer before accepting, as the offer may be far too low

Early settlement offers are typically made before the full extent of injuries is known and are often far below fair value.

What is 'stacking' of insurance policies in a multi-vehicle accident claim?

Answer: Combining coverage limits from multiple policies to increase total available compensation

Policy stacking allows victims to combine uninsured or underinsured motorist limits from multiple vehicles or policies they own.

What is the key distinction between attorney fees and case costs in a personal injury settlement?

Answer: Attorney fees are the lawyer's compensation for services, while case costs are litigation expenses like filing and expert fees

Attorney fees represent compensation for the lawyer's professional services, while case costs are the out-of-pocket expenses incurred during litigation such as filing fees, deposition costs, and expert witness fees.

Why is it a mistake to sign a medical records release to the opposing insurer without legal review?

Answer: A broad release could give the insurer access to unrelated pre-existing conditions used to minimize your claim

Overly broad medical releases allow insurers to access your entire medical history looking for pre-existing conditions to use against you.

Medical records are critical to your accident claim because they:

Answer: Link your specific injuries to the accident and document treatment costs

Medical records establish causation between the accident and your injuries and document the extent of treatment required.

What should you do if an insurance company denies your accident claim?

Answer: Request a written explanation and consult an accident lawyer to appeal or sue

A written denial explanation reveals the grounds for denial, and an attorney can help you challenge it or pursue litigation.

What is the 'discovery phase' timeline in a typical accident lawsuit?

Answer: It usually lasts several months to over a year depending on case complexity

Discovery can extend for months or even years in complex cases as both sides gather and review extensive evidence.

Are personal injury settlement proceeds generally taxable as income in the US?

Answer: No, compensatory damages for physical injuries are generally not taxable

Under IRS rules, compensatory damages received for physical injuries or sickness are generally excluded from taxable income.

What is the risk of exaggerating injuries in an accident claim?

Answer: Exaggeration constitutes insurance fraud, a crime that can result in prosecution and claim denial

Insurance fraud is a serious criminal offense that can result in denial of your legitimate claim, civil liability, and criminal prosecution.

What is the 'collateral source rule' in personal injury cases?

Answer: A rule that prevents defendants from reducing your damages by the amount covered by your health insurance

The collateral source rule prevents defendants from benefiting when a plaintiff's losses are covered by independent sources like health insurance.

What is 'mediation' in the context of an accident lawsuit?

Answer: A negotiation process with a neutral third party to reach a settlement

Mediation involves a neutral mediator who helps both parties negotiate a mutually acceptable settlement without going to trial.

What should you do if the at-fault driver was uninsured at the time of the accident?

Answer: File an uninsured motorist (UM) claim with your own insurance company

Uninsured motorist coverage in your own policy provides compensation when the at-fault driver has no insurance.

Which of the following should you photograph at the accident scene?

Answer: Vehicle damage, road conditions, traffic signs, and injuries

Comprehensive photos of all scene elements create a complete evidentiary record to support your claim.

What is 'premises liability' and how does it relate to accident injury claims?

Answer: Property owners can be liable for accidents caused by unsafe conditions on their property

Premises liability law holds property owners responsible for maintaining reasonably safe conditions and compensating those injured by known hazards.

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 an 'umbrella policy' and why does it matter in accident claims?

Answer: Extra liability coverage above the at-fault party's standard auto policy limits

Umbrella policies provide an additional layer of liability coverage beyond standard auto policy limits, which is crucial when damages are severe.

How does 'sovereign immunity' affect accident claims against a government entity?

Answer: Government entities often have immunity from lawsuits but may have limited waiver through tort claims acts

Federal and state governments are protected by sovereign immunity but often waive it partially through tort claims acts that allow limited accident lawsuits.

What is a 'demand letter' in an accident claim?

Answer: A formal document from your lawyer requesting compensation from the at-fault party

A demand letter outlines your injuries, losses, and the settlement amount you are requesting to open formal negotiations.

Under what circumstance might an attorney ethically charge a higher contingency fee percentage?

Answer: When the case is highly complex or has a low probability of success

Higher contingency fees may be ethically justified when a case involves significant complexity, legal risk, or a low probability that the attorney will ultimately be compensated.

What is 'spoliation of evidence' in the context of an accident lawsuit?

Answer: The intentional or negligent destruction of evidence relevant to a case

Spoliation occurs when evidence is lost or destroyed, and courts may impose sanctions or negative inferences against the responsible party.