Personal Injury Trivia

PRACTICE AREAS

100

Injury caused by a dangerous or defective condition on someone's property. Examples: poorly maintained stairway, poorly lit walkway, falling object

Premises liability

200

Failure to diagnose, misdiagnosis, improper/incorrect treatment, childbirth injuries, surgical error, medication error, poor aftercare, early discharge

Medical malpractice

300

Damage or harm to a person's reputation or character when a false statement is made (bonus if you can name the different types)

Defamation (Slander & Libel)

400

Injury from a faulty design, manufacturing, or marketing. May include consumer good, children's product, dangerous drug, toxic material, defective vehicle part or medical device

Products liability

500

Accidents and injuries occurring on navigable waters, operating under a specialized federal legal framework rather than standard state workers' compensation

Maritime law

PROVIDERS

100

Name 3 MZ clinics

Post Oak, Humble Back, Katy Back, Eastside Back, etc

200

Name the 3 providers associated with TIN when a client gets a procedure at the surgery center

Meridian, Apricus, Tranquility

300

Quantum's surgery center

Centrum (bonus if you can name the city where it is located)

400

Momentum's surgery center

Frisco First Surgery Center

500

Name the only LOP ER providing services to our clients in the greater Austin area

Ally Medical Emergency Room

SITUATIONS & THE LAW

100

Name the SOL for the following situations:

1. Third party claim

2. First party claim

3. Minor plaintiff 3rd party claim

1. 2 years

2. 4 years

3. statute begins running when minor client reaches age of majority (tolled until 18)

200

Under Texas proportionate responsibility, a plaintiff whose percentage of fault exceeds this number recovers nothing.

50%

300

The amount of time a claimant has to give notice to a governmental unit under the Texas Tort Claims Act.

6 months

400

Damages meant to punish the defendant, not just compensate the client.

Punitive damages

500

Meaning "the thing speaks for itself," it applies when an accident wouldn't normally happen without someone's negligence.

What is res ipsa loquitur?

INSURANCE COMPANIES

100

The Texas state agency that regulates insurance companies and handles consumer complaints.

Texas Department of Insurance

200

What does SIU stand for, and what is it?

Special investigations unit - the department inside an insurance company that investigates claims it suspects may be fraudulent

300

Name the big 5 insurance companies

State Farm, Progressive, Geico, Allstate, USAA

400

Name 5 insurance companies that only carry state minimum policies

Fred Loya, First Acceptance, Seaharbor, Constitution MGA, the General, Blue Fire, etc

500

Name 3 conditions to meet a Stowers demand

1. The claim is within the scope of coverage.
2. The demand is within policy limits.
3. The terms are such that an ordinarily prudent insurer would accept it, considering the likelihood and degree of the insured's potential exposure to an excess judgment.

Texas courts have added these practical requirements:

• Full release of the insured. The demand must offer to fully release the insured. Conditions beyond limits, such as broad lien-indemnity terms or releases of non-insureds, can defeat it.
• Clear and unconditional terms. Ambiguity or open-ended terms the carrier can't simply accept are risky.
• A reasonable time to accept. A deadline that's too short undermines the demand.
• Enough information to evaluate the claim. That means medical records and bills showing exposure above limits.
• Multiple claimants (Soriano). The carrier may reasonably settle with some claimants first, even if that exhausts the limits.

Miscellaneous

100

Your client is MIA and isnt answering your calls. Explain how to handle the situation.

Call text email ALL contacts. Then, if still no luck, send "no contact letters" via certified mail. No more than 3 no contact letters.

200

This procedure uses heat to burn the small nerves carrying pain signals from the spine's facet joints. Relief often lasts 6 to 12 months, so it's usually repeated, which drives up future medical costs.

Radio-frequency ablation

300

A minimally invasive surgery using a small camera, often on the knee or shoulder.

Arthroscopy/arthroscopic surgery

400

EXPLAIN THE ERISA PROTOCOL

1. See if there are any health insurance payments on any bills

2. If there are HI payments, check with the client if their HI is ERISA backed

3. If not ERISA backed, we note. No need to put ourselves on notice.

4. If ERISA backed, we need to place ourselves on notice and get itemized lien.

500

 Client will not have an ERISA-backed health insurance plan if ____________.

Client will not have ERISA if they have HI through the city, state or federal government, the military, law enforcement agencies or if they are a public official or teacher.