Overview of Negligence Case

Which of these are the elements of a negligence claim:

• The defendant had a duty

• The defendant breached that duty

• The breach caused some injury

• The plaintiff suffered some damages

• The plaintiff's name is Hashim

True or False. The defense that claims the plaintiff’s negligence caused or contributed to the accident is called comparative fault.

• True

• False

True or False. If the plaintiff’s negligence caused or contributed to the injury, the plaintiff’s recovery might be reduced or eliminated..

• True

• False

True or False. Whether a plaintiff can recover is the damages part of the case.

• True

• False

True or False. How much the plaintiff can recover is the liability part of the case..

• True

• False

Which of these are examples of monetary damages:

• Lost income

• Property damage

• Emotional distress

• Pain and suffering

• None of these

Which of these are examples of non-monetary damages:

• Lost income

• Property damage

• Emotional distress

• Pain and suffering

• None of these

True or False. A contingency fee is a percentage of the jury verdict.

• True

• False

True or False. In a contingency fee arrangement, the lawyer for plaintiff doesn’t get paid if the plaintiff loses at trial..

• True

• False

Which of these statements about most demand letters are true:

• . They threaten to sue

• They include a demand for money

• They explain why the defendant is liable

• They explain the plaintiff’s damages

• None of these