Injury Lawyer Personal Injury Law Knowledge 5

Question 1

What is the 'burden of proof' in a typical civil personal injury case?

Accepted Answer

Preponderance of the evidence

Answer

Civil injury cases require proof by a preponderance of the evidence, meaning more likely than not.

Question 2

What is 'subrogation' in the context of insurance and injury claims?

Accepted Answer

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

Answer

Subrogation lets an insurer step into the insured's shoes to recover payments from the responsible party.

Question 3

What is a 'contingency fee' arrangement common in personal injury law?

Accepted Answer

The attorney is paid a percentage only if the case wins

Answer

Under a contingency fee, the attorney's payment depends on obtaining a recovery for the client.

Question 4

Which defense argues the plaintiff knowingly accepted a known risk?

Accepted Answer

Assumption of risk

Answer

Assumption of risk bars or reduces recovery when a plaintiff voluntarily accepted a known danger.

Question 5

What are 'special damages' (economic damages) typically meant to cover?

Accepted Answer

Quantifiable losses like medical bills and lost wages

Answer

Special damages compensate measurable financial losses such as medical expenses and lost income.

Injury Lawyer Practice Test