Personal Injury Law Basics Flashcards
6 cards from real accident attorney practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 6 Personal Injury Law Basics flashcards as text
What is proximate cause in a personal injury case?
Answer: The direct, foreseeable cause that legally links the defendant's conduct to the plaintiff's injury
Proximate cause limits liability to harms that were a reasonably foreseeable result of the defendant's negligence.
What is the eggshell plaintiff rule?
Answer: A defendant must take the plaintiff as they find them, even if the plaintiff had a pre-existing condition that made injuries worse
The eggshell plaintiff rule holds defendants fully liable for aggravation of a plaintiff's pre-existing vulnerabilities.
In a pure contributory negligence state, what happens if the plaintiff is 1% at fault?
Answer: The plaintiff is completely barred from recovery
Pure contributory negligence bars any recovery if the plaintiff contributed even slightly to their own accident.
What is a lien in the context of a personal injury settlement?
Answer: A legal claim by a third party against the plaintiff's settlement proceeds
A lien gives medical providers or insurers a right to be repaid from the plaintiff's settlement before the client receives funds.
What type of evidence is typically most persuasive in an accident liability case?
Answer: Physical evidence and contemporaneous photographs from the scene
Physical evidence and photographs taken immediately after the accident are highly credible and difficult to dispute.
What is a structured settlement in a personal injury case?
Answer: Periodic payments made to the plaintiff over time rather than a lump sum
A structured settlement provides tax-free periodic payments, often funded by an annuity, instead of one large lump-sum payment.