Checklist: Damages in Personal Injury Cases PDF eBook

• Author: Jon R. Abele, Barry M. Corey
• ISBN 10: 0-913875-37-6
• ISBN 13: 978-0-913875-37-7
• Copyright Date Ed:  February 2, 1998
• Pages: 72 pages
• PDF eBook

The damage portion of a personal injury claim is the heart of the tort case and determines whether or not the claim is worth pursuing. The attorney must be able to determine accurately the level of damages the injured plaintiff can expect to recover for his or her injuries.

The checklist format of this book provides a quick and thorough reference for an attorney to use when evaluating a client's personal injury case. The attorney can ensure that he or she has met the obligation owed to the client to identify and calculate properly those damages recoverable and make sure that the damages are pleaded properly and that the evidence necessary to prove the claim is gathered. This checklist allows the attorney to determine the appropriate basis for the damage claim and what evidence and testimony will be needed.

Table of Contents

Checklist: Damages in Personal Injury Cases
Jon R. Abele, J.D. Edited by Barry M. Corey, J.D.
Part 1. The Injury
Introduction: The Injury
Economic Damages/Special Damage
1.01 Personal Injury
1.02 Personal Property Damage
Part 2. Nature of Damages
Economic Damages/Special Damages
2.01 Medical Expenses
2.02 Future Medical Costs
2.03 Lost Wages
2.04 Diminished Earning Capacity
Non-economic Damages/General Damages
2.05 Damages for Pain and Suffering
2.06 Punitive Damages Derivative Claims
2.07 Negligent Infliction of Emotional Distress
2.08 Loss of Consortium/Society and Companionship
Choice of Laws
2.09 Choice of Laws
Part 3. Measure of Damages
Economic Damages
3.01 Medical Expenses
3.02 Property Damage
3.03 Lost Wages/Income
3.04 Diminished Earning Capacity
Non-economic Damages
3.05 Pain and Suffering
3.06 Punitive Damages
Derivative Claims
3.07 Loss of Consortium
3.08 Negligent Infliction of Emotional Distress
Part 4. Proof of Damages
Economic Damages
4.01 Lost Wages
4.02 Diminished Earning Capacity
4.03 Medical Expenses
Non-economic Damages
4.04 Pain
4.05 Suffering
4.06 Punitive Damages
Derivative Claims
4.07 Loss of Consortium
4.08 Negligent Infliction of Emotional Distress
Experts
4.09 Expert Witnesses
Appropriate Damages Award
4.10 Nominal Damages Award
4.11 Excessive Damages Award
4.12 Inadequate Damages Award
4.13 Discount of Award to Present Value
4.14 Interest on Damages Award
Table of Cases
Index