California Personal Injury Law Quiz

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Under the pure comparative negligence rule in California, which of the following is true?

A plaintiff cannot recover damages if they are found to be at fault for their injuries
A plaintiff's recovery is reduced by their percentage of fault (correct)
A plaintiff's recovery is not affected by their percentage of fault
A plaintiff can recover damages even if they are 100% at fault for their injuries

What is the primary duty of a plaintiff-side representative in a personal injury case?

To represent the interests of the defendant
To seek the maximum compensation possible for their client (correct)
To minimize their client's financial exposure
To negotiate with insurance companies

What is the primary interest of insurance companies in personal injury claims?

To maximize the financial compensation for the injured party
To ensure that the plaintiff receives fair compensation
To expedite the claims process as quickly as possible
To minimize their financial exposure and settle claims for as little as possible (correct)

What is the 'pure comparative negligence' rule in California?

If the plaintiff is partially at fault, it reduces the damages proportionally. (B) Signup and view all the answers

What is the 'fair claims settlement practices regulations' in California?

All of the above. (A) Signup and view all the answers

What is the difference between economic and non-economic damages in personal injury cases?

Economic damages include quantifiable losses like medical bills and lost wages, while non-economic damages are subjective and include pain and suffering. (B) Signup and view all the answers

What is the most critical part of case evaluation in personal injury negotiations?

Determining the value of a claim. (A) Signup and view all the answers

What is the recommended tactic for dealing with anxiety during negotiation, according to Harvard Business School professor Alison Wood Brooks?

Reframe anxiety as excitement (B) Signup and view all the answers

What is the benefit of reframing anxiety as excitement during negotiation, according to Alison Wood Brooks' research?

It increases authentic feelings of excitement and improves performance (C) Signup and view all the answers

What are the five lesser-known negotiation topics and techniques mentioned in the text?

Reframing anxiety, creating value, using power words, using silence, and avoiding ultimatums (A) Signup and view all the answers

What is the anchoring bias in negotiation?

A bias in favor of the person who makes the first offer in a negotiation (A) Signup and view all the answers

What is a standard-form contract in negotiation?

A contract that is prepared with legal counsel and relevant decision makers from a team (D) Signup and view all the answers

What is the benefit of using silence in negotiation?

To amplify your instinct to listen and dampen your instincts for self-advocacy (D) Signup and view all the answers

What is the effect of asking for advice in negotiation?

It boosts the self-confidence of the other party (A) Signup and view all the answers

According to California law, how long does the insurance company have to respond to a claim?

15 days (B) Signup and view all the answers

What is the key to pushing back against low-ball offers in negotiations?

Highlighting the strengths of your case (C) Signup and view all the answers

What is the fundamental skill required for successful negotiation according to the text?

Active listening (B) Signup and view all the answers

Which of the following is NOT a source of power in negotiation, according to the text?

Emotional intelligence (D) Signup and view all the answers

What is the primary difference between mediation and arbitration, according to the text?

Mediation is a private, less formal negotiation process, while arbitration is a private, less formal trial (A) Signup and view all the answers

What is the most important factor to consider when choosing a mediator or arbitrator for a personal injury claim, according to the text?

Their expertise in personal injury law (A) Signup and view all the answers