Injury Lawyer Legal Procedures & Litigation 2

Question 1

What is a 'demand letter' in a personal injury case?

Accepted Answer

A letter sent to the defendant or insurer outlining the claim and demanding a specific settlement amount

Answer

A demand letter formally notifies the defendant or their insurer of the claim, summarizes the facts and injuries, and demands a specific dollar amount to settle.

Question 2

What is 'subrogation' in the context of personal injury insurance?

Accepted Answer

An insurer's right to sue the at-fault party to recover what it paid to the insured

Answer

Subrogation allows an insurer who paid a claim to step into the shoes of the insured and pursue recovery from the at-fault third party.

Question 3

What is a 'lien' on a personal injury settlement?

Accepted Answer

A legal claim by a healthcare provider or government agency against the plaintiff's settlement proceeds for reimbursement

Answer

Medical providers, health insurers, and Medicaid/Medicare may assert liens against a personal injury settlement, requiring reimbursement from the proceeds before the plaintiff receives funds.

Question 4

What does 'mediation' involve in a personal injury case?

Accepted Answer

A neutral third party facilitating voluntary settlement negotiations between the parties

Answer

Mediation is a voluntary, confidential process in which a neutral mediator helps the parties negotiate a settlement, but cannot impose a decision.

Question 5

In personal injury litigation, what is a 'Daubert motion'?

Accepted Answer

A motion to exclude expert testimony that does not meet scientific reliability standards

Answer

A Daubert motion challenges the admissibility of expert testimony by arguing the expert's methodology is not sufficiently reliable or scientifically valid under the Federal Rules of Evidence.

Injury Lawyer Practice Test

Injury Lawyer Practice Test

Injury Lawyer Legal Procedures & Litigation 2