Injury Lawyer Personal Injury Assessment 3 — Questions and Answers
Question 1: Under the doctrine of res ipsa loquitur, negligence may be inferred when:
- The plaintiff signed a waiver
- The injury would not normally occur without negligence (Correct answer)
- Two parties share fault
- A contract was breached
Correct answer: The injury would not normally occur without negligence
Res ipsa loquitur lets negligence be inferred when the harm ordinarily would not happen absent negligence.
Question 2: In a state with pure contributory negligence, a plaintiff found 1% at fault generally recovers:
- 99% of damages
- Full damages
- Nothing (Correct answer)
- Half of damages
Correct answer: Nothing
Pure contributory negligence bars recovery entirely if the plaintiff bears any fault.
Question 3: What does 'maximum medical improvement' (MMI) signify in an injury claim?
- The injury is fully cured
- The patient's condition has stabilized and won't improve further (Correct answer)
- Treatment must stop immediately
- The case has settled
Correct answer: The patient's condition has stabilized and won't improve further
MMI is the point at which a patient's condition has stabilized and is not expected to improve further.
Question 4: Which of the following is an example of special (economic) damages?
- Loss of enjoyment of life
- Past medical bills and lost wages (Correct answer)
- Pain and suffering
- Emotional distress
Correct answer: Past medical bills and lost wages
Special damages are quantifiable economic losses such as medical bills and lost wages.
Question 5: A release signed at settlement typically does what?
- Reopens the claim later
- Waives the right to pursue further claims for that injury (Correct answer)
- Increases the award
- Transfers the claim to the insurer
Correct answer: Waives the right to pursue further claims for that injury
A settlement release waives the claimant's right to bring further claims arising from that injury.
Question 6: In premises liability, a property owner generally owes the highest duty of care to which visitor?
- Trespasser
- Licensee
- Invitee (Correct answer)
- Burglar
Correct answer: Invitee
Invitees, such as customers, are owed the highest duty of care, including inspecting for hazards.
Question 7: What is 'subrogation' in the context of injury settlements?
- A jury's verdict
- An insurer's right to recover what it paid from the at-fault party (Correct answer)
- A type of punitive damage
- A court appeal
Correct answer: An insurer's right to recover what it paid from the at-fault party
Subrogation allows an insurer that paid benefits to recover that amount from the responsible party.
Injury Lawyer Personal Injury Assessment 3
Under the doctrine of res ipsa loquitur, negligence may be inferred when: