Personal Injury Law Fundamentals 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 Fundamentals flashcards as text
What is 'contributory negligence' and how does it differ from comparative negligence?
Answer: Contributory negligence bars all recovery if plaintiff is any percent at fault; comparative reduces recovery proportionally
Pure contributory negligence (still used in a few states like Virginia and Maryland) bars any recovery if the plaintiff contributed even 1% to their own injury.
What is a 'demand letter' in a personal injury claim?
Answer: A written demand sent to the at-fault party or insurer outlining the claim and settlement amount sought
A demand letter initiates the settlement negotiation process by formally presenting the facts, liability argument, and specific dollar amount the injured party will accept.
What are 'punitive damages' and when are they awarded in personal injury cases?
Answer: Extra damages awarded to punish egregious or malicious conduct beyond compensating the plaintiff
Punitive damages are awarded in addition to compensatory damages when the defendant's conduct was intentional, malicious, fraudulent, or recklessly indifferent to others' rights.
What is 'subrogation' in the context of a personal injury settlement?
Answer: An insurer's right to recover from a third-party tortfeasor after paying a claimant's losses
Subrogation allows health or auto insurers who paid the plaintiff's bills to seek reimbursement from the at-fault party's insurance proceeds.
What is the 'discovery' phase in personal injury litigation?
Answer: The formal pre-trial process where parties exchange evidence, take depositions, and answer interrogatories
Discovery allows both parties to gather evidence through depositions, interrogatories, requests for production, and medical examinations before trial.
What is a 'contingency fee' arrangement in personal injury cases?
Answer: The attorney is paid a percentage of the recovery only if the case is won or settled
A contingency fee (typically 33–40%) means the attorney receives no fee if the case loses, aligning attorney incentives with maximizing client recovery.