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Personal Injury & Tort LawWeek 1
Class Overview
Review Greensheet Course Studio Class website
Personal Injury Litigation
Tort Law Litigation Insurance Law
3
P.I. Cases
A lawsuit (or potential lawsuit) resulting from injuries caused by the tort of another.
Compare: Workers’ Compensation
4
Parties and Attorneys
Plaintiff Defendant (Tortfeasor) Plaintiffs Attorneys Defense Attorneys
5
TORT
Civil wrong resulting in injury for which victim receives compensation in form of money damages
Injury Personal (physical/mental)
property--real, personal, intellectual
reputation
6
TORT CATEGORIES
Intentional requires intent
Negligence violation of “reasonable person standard”
Strict Liability liability without fault
public interest
7
Sources of Tort Law
Statutes
Case Law
8
Tort vs. Crime
Act--may be the same Purpose Standard of Proof Interest violated Procedural rules
9
Tort vs. Contract
Contract = Agreement
Tort = Obligation imposed by law
10
Overview of Tort Case
Investigation & Research (facts & law) Settlement efforts--demand letter complaint filed answer/response filed
cross-complaints/answers
discovery trial post trial proceedings
11
Preliminary ConsiderationsRead chapters 3 & 4 in Nolo Press text
12
Preliminary Considerations
Fee Arrangements Contingent fee: fee v. costs
Statutory limits: Minors, Medical Mal.
Requirement of writing
http://www.calbar.ca.gov/Attorneys/Forms.aspx
Investigation Photos of scene/autos/plaintiff
Witness interviews & statements
Police reports
Identity of all defendants
13
Resources
Go to class website www.deanza.edu/faculty/hames Access folder for “civil litigation” Access folder for California Supplement Go to Part 2—read chapter 3
14
Preliminary Considerations, cont.
Defendant—public entity Law & Form: http://www.vcgcb.ca.gov/claims/ (read information on site)
Under 10K and Caltrans—file with them
Notify defendant/insurance
Advice to plaintiff Necessity of medical liens
15
Preliminary considerations
The uninsured/underinsured defendant http://www.youtube.com/watch?v=ZaBwP9owNyk
U.M. cases Arbitration
An Interesting Web site: http://blogs.findlaw.com/injured/
16
Insurance
Automobile Homeowners/Personal Liability Product Errors and Omissions Umbrella Policies
Resource: http://www.insurance.ca.gov/0100-consumers/0060-information-guides/0010-
automobile/Auto-insurance-101.cfm
17
Automobile Insurance
Liability Medical Payments (Med pay) Comprehensive Collision Uninsured Motorist (U.M.) Underinsured Motorist
18
Plaintiff’s insuranceFault vs. No-Fault provisions
Subrogation rights of no-fault provisions
19
Bad Faith Claims
Intentional Tort If insurance carrier unreasonably delays
payment on policy If insurance carrier acts unconscionably
toward insured Carrier engages in unfair claims practices
20
Bad Faith
First Party vs. Third Party claims Failure to pay claim within policy limits
21
Avoiding Bad Faith by Carrier
Reservation of rights
Declaratory Relief Action
22
Medical Records v. Report
Records—Doctor or Hospital notes
Report—Specially prepared by M.D. for purpose of litigation—contains prognosis and diagnosis ; Fee is charged for preparation
23
Tort Liability—Cal. Civ. Code24
1714. (a) Every one is responsible, not only for the result of his willful acts, but also for an injury occasioned to another by his want of ordinary care or skill in the management of his property or person, except so far as the latter has, willfully or by want of ordinary care, brought the injury upon himself. The extent of liability in such cases is defined by the Title on Compensatory Relief.