Injury Lawyer Legal Procedures & Litigation 1 — Questions and Answers
Question 1: What is the standard statute of limitations for most personal injury claims in the US?
- 6 months
- 1 year
- 2–3 years (varies by state) (Correct answer)
- 10 years
Correct answer: 2–3 years (varies by state)
Most states set personal injury statutes of limitations at 2 to 3 years from the date of injury, though it varies by state and type of claim.
Question 2: What is the 'discovery rule' exception to the statute of limitations?
- The rule requiring production of all documents
- A rule that starts the limitations clock when the plaintiff discovers or reasonably should have discovered the injury (Correct answer)
- A rule about expert witness disclosures
- A rule allowing late filing for minor plaintiffs
Correct answer: A rule that starts the limitations clock when the plaintiff discovers or reasonably should have discovered the injury
The discovery rule tolls the statute of limitations until the plaintiff knew or reasonably should have known of the injury and its cause.
Question 3: In a personal injury lawsuit, 'interrogatories' are:
- Oral depositions taken under oath
- Written questions submitted to opposing parties that must be answered under oath (Correct answer)
- Requests for production of documents
- Expert witness reports
Correct answer: Written questions submitted to opposing parties that must be answered under oath
Interrogatories are written questions served on opposing parties who must answer them under oath in writing as part of the discovery process.
Question 4: What is a 'deposition' in personal injury litigation?
- Filing of the initial complaint
- Oral testimony taken under oath outside of court and recorded for later use (Correct answer)
- An offer of settlement
- A judge's pretrial ruling
Correct answer: Oral testimony taken under oath outside of court and recorded for later use
A deposition is pretrial testimony given under oath before a court reporter, allowing attorneys to gather information and preserve witness testimony.
Question 5: What is a 'motion for summary judgment' in personal injury litigation?
- A motion to increase the amount of damages
- A motion arguing there are no genuine issues of material fact and the moving party is entitled to judgment as a matter of law (Correct answer)
- A motion to exclude expert witnesses
- A motion requesting a jury trial
Correct answer: A motion arguing there are no genuine issues of material fact and the moving party is entitled to judgment as a matter of law
A motion for summary judgment asks the court to rule in a party's favor without a trial when there are no disputed material facts and the law clearly supports one party.
Question 6: What does 'voir dire' refer to in a personal injury trial?
- Closing arguments
- The process of questioning prospective jurors to select an impartial jury (Correct answer)
- Opening statements
- Expert witness qualification hearings
Correct answer: The process of questioning prospective jurors to select an impartial jury
Voir dire is the jury selection process during which attorneys and the judge question potential jurors to identify and exclude those who may be biased.
Injury Lawyer Legal Procedures & Litigation 1
What is the standard statute of limitations for most personal injury claims in the US?