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.