Skip Navigation

Deal Of The Day

Home

Email Sign Up

Newsroom

Sitemap

for

End Header Nav

Handling Motor Vehicle Accident Cases, 2d

John W. Chandler, Karen Koehler

Binder/Looseleaf

Last Updated: 9/10/2009

Availability: In Stock Details

Product Details »

List Price for Set:

$450.00

Shipping: FREE Ground Shipping »

Don't need the full set?
Select Volumes

Description

Provides a how-to guide to handling auto accident litigation. Evaluate and investigate cases with checklists and questionnaires specifically designed for client interviews, understand theories of fault, collect and preserve evidence, present and prove damages, deal with insurance carriers and interpret policies, negotiate settlements, and also gives you reconstruction materials and techniques for determining not only how, but also why, a collision occurred. Integrated treatment of text and forms permits efficient and successful application of text concepts into real life scenarios. These forms are also available on disc for easy use in drafting case documents.

Features

Includes letters accepting or declining representation of potential clients
Try your case using the "ten commandments" of cross-examination and proven jury instructions
Includes letters, motions, and checklists for client interview sheets, contingent fee agreements, and requests for production of documents
Includes sample interrogatories, requests for admission, releases, and provisions for settlement agreements

Summary Of Contents

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

Filing and Shelving Instructions

Replacement Pages

Enter replacement volume, chapter and page numbers separated by commas. For example: Volume 2, Chapter 5, Pages 7, 12-19. Please limit requests to 25 pages or less. For more than 25 pages please contact Customer Service 1-800-328-4880 or email us at west.customer.service@thomson.com.

* Denotes required fields

*Replacement Pages:

*First Name:

*Last Name:

*Country: