Handling Motor Vehicle Accident Cases, 2d

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Author(s):

John W. Chandler

Karen Koehler

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Brand: Clark Boardman Callaghan

Service #: 14031725

Sub #: 14031724

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Handling Motor Vehicle Accident Cases, 2d

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Handling Motor Vehicle Accident Cases is a how-to guide for handling auto accident litigation, enabling you to:

Evaluate and investigate cases with checklists and questionnaires specifically designed for client interviews
Understand theories of fault
Collect and preserve evidence
Understand accident reconstruction
Determine how and why a collision occurred
Interpret insurance policies
Present and prove damages
Negotiate settlements from a position of strength

This publication includes:

The "ten commandments" of cross-examination
Proven jury instructions
Letters and motions
Contingent fee agreements
Requests for production of documents
Letters accepting or declining representation of potential clients
Sample interrogatories, requests for admission, releases, and provisions for settlement agreements

Files from real-life motor vehicle cases guide you through actions involving a rear-end impact, highway defect, municipal ambulance collision, and wrongful death.

Summary of contents
Replacement pages

Theories of Fault

Negligence
Liability for Negligent Driving of Others/Negligence Entrustment
Negligence Per Se
Duty to Gratuitous Guest/Statutory Scheme
Dram Shop Claims
Vehicle Crashworthiness/Enhanced Injuries
Highway Design

Parties

Plaintiffs/Physical Injured Parties
Consortium Claims
Wrongful Death
Statutory Beneficiaries
Claim of Decedent's Estate
Survival Actions
Guardian's Ad Litem/Infants
Incompetents
Defendants/Individuals/Principals
Imputed Negligence
Employer-Employee Relationship
Joint Ventures
Partnerships
Employees' Scope of Employment
Family Purpose Doctrine
Corporations
Federal Tort Claims
State/Local Governments
Intra-Family Defendants/Spousal Immunity
Multiple Defendants

Time Limitations

Party Identifications
Age of Parties/Plaintiff
Jurisdictional Conflicts
General Statutes of Limitation
Special Statutes of Limitation
Wrongful Death Actions
Federal Tort Claims Act

Gathering Information

Use of Forms in Automobile Litigation
Initial Client Interview
Use of "Client Interview Checklist" at First Office Consultation
Insurance Coverages and Fee Agreement
Damages

Client Reports Checklists and Questionnaires

Communication with Carriers/First Party Benefits
Communication with Third-Party Carriers
First-Party Coverages
Communications with Insurer's Attorneys
Uninsured and Underinsured Motorist Coverage
"Other Insurance" Clauses
Stacking
Exclusions
Uninsured Motor Vehicle Processing Claims/Time Limits
Settle
Subrogation and Setoff
Arbitration
History of Law of Bad Faith
Nature of Insurer's Obligation/Bad Faith Theories
Checklist and Bibliography

Discovery in Automobile Litigation

Interrogatories/When to Send
Incorporating Requests for Production
Action/What to Do Now?
Handling Objections/Compelling More Responsive Answers
Supplemental Interrogatories/Requests for Production
Requests for Production
Discovery Deadlines
Format
Completion of Discovery
Internal Office Trial Preparation Meeting (60-45 Days Before Trial)

Evidentiary Matters

Documentary Evidence
Witnesses

Presentation And Proof Of Damages

Property Damage and Measures of Loss
Compensable Elements of Bodily Injury/Medical Bills
Lost Wages and Impaired Earning Ability
General Damages
Wrongful Death Damages
Factors in Evaluating Economic Loss
Damages for Loss of Homemaker Services
"Whiplash" or Hyperextension-Hyperflexion Injury
Use of Medical Literature
Documenting Soft Tissue Injuries
Mechanism of Injury
Enigma of Pain
Objective Findings
Causation
Treatment
Proving Pain and Suffering
Nonmedical Testimony
Use of Demonstrative Evidence in Proof of Damages
Preexisting Conditions/Asymptomatic
Damages in Final Argument

Settlement Techniques And Strategies

Laying Foundation/Organization of File
Documentation of All Claims
Establishing Value Range/Previous Verdicts
Legal Research/Establishing Liability
Independent Medical Exam
Initial Evaluation of Case
Analyzing Players
Evaluating Parties
Evaluating Liability Issue
Evaluating Damages
Miscellaneous Factors in Settlement Evaluation
Obtaining Client Authority for Settlement
Foundation for Negotiating Process
Negotiations/Miscellaneous Tips
Settling with Multiple Defendants
Structured Settlements
Subrogation Interests
Finishing Touches

Trying The Case

Theme of Case
Use of Expert Witnesses
Expert Before Trial/Preparation and Being Prepared
Presentation of Expert at Trial
Cross-Examination of Opposing Expert
Ten Commandments of Cross-Examination
Cross-Examination of Defense Medical Expert
Presenting Scientific Reconstruction to Jury/Attorney Preparation
Drafting Jury Instructions/Using Pattern Instructions
Instructions at Trial/Judge's Oral Instructions

Explaining Reconstruction Evidence

Teaching Jury
Learning Process
Schema Theory in Courtroom: Building Background
Selecting Demonstrative Aids

RECONSTRUCTION OF ACCIDENTS

Attorney's Introduction
Automobile Accident Reconstruction

Case Files
- Rear-end Collision
- Highway Defect
- Municipal Ambulance Accident
- Wrongful Death/Arbitration
Glossary
Table of Cases
Index

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