Injury Lawyer Cheat Sheet 2026
The 30 highest-yield Injury Lawyer facts, distilled from real exam questions. Print it, save it as a PDF, or study it here — free, no sign-up.
- An 'attractive nuisance' doctrine primarily protects which group from injury on someone's property? → Children drawn to dangerous conditions
- What legal doctrine allows an inference of negligence when an accident would not normally occur without negligence? → Res ipsa loquitur
- What distinguishes 'general damages' from 'special damages' in an injury case? → General damages cover non-economic harm like pain; special cover measurable costs
- A defense attorney offers to settle directly with an unrepresented injury plaintiff without going through the plaintiff's attorney. This conduct is: → Ethically prohibited without first advising the plaintiff to obtain counsel
- What is a 'damages cap' in personal injury litigation? → A statutory limit on the amount a plaintiff may recover for certain types of damages
- Which of the following doesn't constitute protective gear? → All of the above
- Which of the following is an example of special (economic) damages? → Past medical bills and lost wages
- What is a 'deposition' in the litigation process? → Sworn out-of-court testimony taken before trial
- Under what circumstance may an injured plaintiff recover 'nominal damages'? → When the plaintiff proves a legal right was violated but cannot prove actual harm
- Under Model Rule 1.16, an injury attorney may withdraw from representation if the client: → Persists in a course of action the attorney reasonably believes is criminal or fraudulent
- What is 'underinsured motorist' (UIM) coverage? → Coverage when the at-fault driver's insurance is insufficient to cover all damages
- What is 'subrogation' in the context of insurance and injury claims? → An insurer's right to recover what it paid from the at-fault party
- In product liability, strict liability means a manufacturer can be liable even if it did what? → Exercised all possible care
- What does 'vicarious liability' allow an employer to be held responsible for? → Negligent acts of employees within the scope of employment
- What must a plaintiff prove to establish negligence? → Duty, breach, causation, and damages
- Under the doctrine of res ipsa loquitur, negligence may be inferred when: → The injury would not normally occur without negligence
- In a product liability claim, strict liability means the plaintiff generally must show: → The product was defective and caused injury, regardless of fault
- When documenting injuries for a claim, why are photographs taken over several days useful? → They show how injuries developed, like deepening bruises
- In premises liability, a property owner generally owes the highest duty of care to whom? → Invitees
- In a personal injury lawsuit, 'interrogatories' are: → Written questions submitted to opposing parties that must be answered under oath
- Which doctrine holds an employer liable for the negligent acts of an employee committed within the scope of employment? → Respondeat superior
- What is a 'contingency fee' arrangement common in personal injury law? → The attorney is paid a percentage only if the case wins
- An injury attorney who learns that the opposing party's expert witness has fabricated credentials is ethically required to: → Disclose the information to the court as a fraud on the tribunal under Rule 3.3
- What is 'uninsured motorist' (UM) coverage? → Coverage for the policyholder when hit by a driver with no insurance
- What is the 'discovery rule' as it relates to the statute of limitations? → The clock starts when the injury is or should have been discovered
- The 'eggshell skull' rule holds a defendant liable for what? → The full extent of injuries even if the victim was unusually fragile
- Which of the following is an example of 'special damages' (economic damages)? → Future medical expenses
- Why is it important to seek medical attention promptly after an accident, even for minor-feeling injuries? → Some injuries have delayed symptoms and gaps in treatment weaken claims
- In preventing falls among the elderly, which home modification is most effective at reducing injury risk? → Installing grab bars and removing trip hazards
- What is the 'but-for' test used to establish in negligence? → Actual causation
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