Personal Injury & Tort Law Week 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 Considerations Read 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   Investigation  Photos of scene/autos/plaintiff  Witness interviews & statements  Police reports  Identity of all defendants 13

Resources  Go to class website   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: (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   U.M. cases  Arbitration  An Interesting Web site:  16

Insurance  Automobile  Homeowners/Personal Liability  Product  Errors and Omissions  Umbrella Policies  Resource:  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 insurance Fault 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. Code (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.