accident attorney Personal Injury Law Basics 1 — Questions and Answers
Question 1: What is the primary legal basis for most accident injury claims in the United States?
- Tort law (Correct answer)
- Contract law
- Criminal law
- Administrative law
Correct answer: Tort law
Tort law governs civil wrongs, including personal injury claims arising from accidents.
Question 2: What must a plaintiff prove to establish a negligence claim after an accident?
- Duty, breach, causation, and damages (Correct answer)
- Intent, harm, and motive
- Contract breach and economic loss
- Criminal intent and injury
Correct answer: Duty, breach, causation, and damages
Negligence requires proving four elements: duty of care, breach of that duty, causation, and resulting damages.
Question 3: What is the statute of limitations for personal injury claims in most US states?
- 2 years (Correct answer)
- 10 years
- 6 months
- 5 years
Correct answer: 2 years
Most states impose a 2-year statute of limitations for personal injury lawsuits, though this varies by state.
Question 4: Which doctrine allows an injured party to recover damages even if they were partially at fault?
- Comparative negligence (Correct answer)
- Contributory negligence
- Assumption of risk
- Vicarious liability
Correct answer: Comparative negligence
Comparative negligence allows recovery reduced by the plaintiff's percentage of fault.
Question 5: What type of damages compensate for pain and suffering in an accident case?
- Non-economic damages (Correct answer)
- Economic damages
- Punitive damages
- Nominal damages
Correct answer: Non-economic damages
Non-economic damages cover intangible losses like pain, suffering, and emotional distress.
Question 6: What is a contingency fee arrangement in accident attorney practice?
- Attorney is paid a percentage of the settlement only if the case is won (Correct answer)
- Client pays a flat fee regardless of outcome
- Attorney charges by the hour
- Client pays court costs upfront
Correct answer: Attorney is paid a percentage of the settlement only if the case is won
A contingency fee means the attorney receives payment (typically 33-40%) only if the client recovers money.
accident attorney Personal Injury Law Basics 1
What is the primary legal basis for most accident injury claims in the United States?