Accident Lawyer Tips The Legal Process After an Accident 2

Question 1

What is the difference between 'liability' and 'damages' in an accident lawsuit?

Accepted Answer

Liability is who is at fault; damages are the compensation owed to the victim

Answer

Liability refers to insurance coverage; damages are the repair costs

Answer

Liability is determined by police; damages are set by the court

Answer

Liability applies to criminal cases; damages apply to civil cases only

Question 2

What is an 'expert witness' and when are they used in accident cases?

Accepted Answer

A specialist who provides professional opinion testimony on technical issues outside ordinary knowledge

Answer

Any witness who saw the accident occur

Answer

The plaintiff's treating physician who testifies at trial

Answer

A lawyer who consults on the opponent's legal strategy

Question 3

What happens if you miss the statute of limitations for your accident claim?

Accepted Answer

Your case is permanently barred and you lose the right to sue

Answer

You can still file with a valid excuse and a fee

Answer

The court may grant a 90-day extension automatically

Answer

The insurer is required to pay regardless of the filing deadline

Question 4

What is 'arbitration' and how does it differ from a trial in accident cases?

Accepted Answer

Arbitration is a private, binding dispute resolution process without a jury

Answer

Arbitration is a form of mediation requiring both parties to agree on damages

Answer

Arbitration is a government-run process replacing small claims court

Answer

Arbitration involves a three-judge panel instead of a jury

Question 5

What is 'respondeat superior' and how does it affect accident lawsuits?

Accepted Answer

An employer can be held liable for an employee's negligent actions within the scope of employment

Answer

Defendants must respond to lawsuits within a superior court's jurisdiction

Answer

Courts must defer to higher-court rulings on liability issues

Answer

Employees are liable for their own accidents regardless of employer involvement

Question 6

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

Accepted Answer

The plaintiff must prove their case by a preponderance of the evidence (more likely true than not)

Answer

The plaintiff must prove guilt beyond a reasonable doubt

Answer

The defendant must disprove the plaintiff's claims

Answer

Both parties share the burden equally under federal law