Injury Lawyer Personal Injury Assessment 2 — Questions and Answers
Question 1: In most U.S. states, what is the standard statute of limitations for filing a personal injury lawsuit?
- 6 months
- Two to three years from the injury date (Correct answer)
- 10 years
- There is no time limit
Correct answer: Two to three years from the injury date
Most states set the personal injury statute of limitations at two or three years from the date of injury.
Question 2: What legal doctrine reduces a plaintiff's recovery by their own percentage of fault?
- Comparative negligence (Correct answer)
- Res ipsa loquitur
- Sovereign immunity
- Strict liability
Correct answer: Comparative negligence
Comparative negligence apportions damages according to each party's share of fault.
Question 3: Which type of damages compensates for pain, suffering, and emotional distress?
- Punitive damages
- Special damages
- Non-economic damages (Correct answer)
- Nominal damages
Correct answer: Non-economic damages
Non-economic damages cover intangible losses like pain, suffering, and emotional distress.
Question 4: What must a plaintiff prove to establish negligence?
- Only that an injury occurred
- Duty, breach, causation, and damages (Correct answer)
- That the defendant intended harm
- That a contract existed
Correct answer: Duty, breach, causation, and damages
A negligence claim requires proof of duty, breach, causation, and damages.
Question 5: In a contingency fee arrangement, when does the injury lawyer typically get paid?
- Upfront before any work
- Hourly throughout the case
- Only if the client recovers compensation (Correct answer)
- Never, the service is free
Correct answer: Only if the client recovers compensation
Under a contingency fee, the lawyer is paid a percentage only if the client wins or settles.
Question 6: What is the primary purpose of a demand letter in a personal injury case?
- To file the case in court
- To formally request a settlement from the at-fault party (Correct answer)
- To subpoena witnesses
- To dismiss the claim
Correct answer: To formally request a settlement from the at-fault party
A demand letter formally states the claim and requests a settlement amount before litigation.
Question 7: Which professional is most commonly retained to establish the standard of care in a medical malpractice claim?
- A court reporter
- A paralegal
- A qualified expert witness (Correct answer)
- A jury consultant
Correct answer: A qualified expert witness
An expert witness with relevant medical credentials testifies to the applicable standard of care.
Injury Lawyer Personal Injury Assessment 2
In most U.S. states, what is the standard statute of limitations for filing a personal injury lawsuit?