Establishing Damages in Catastrophic Injury Litigation
- Author: John O. Ward and Kurt V. Krueger; Contributors:
- ISBN 10: 0-913875-00-7
- ISBN 13: 978-0-913875-00-1
- Copyright Date Ed:- July 30, 1994
- Pages: 176
- Binding Information: Softbound
- Size: 6.5 ✕ 9.5 Inches (US)
Here's where you'll find a blueprint for using experts to establish damages in personal injury litigation.
The expert life care planners, psychologists, vocational rehabilitation specialists, and economists who have contributed to this book have collectively testified in over 1,000 trials and have evaluated damages in over 4,000 personal injury cases. Rather than being a "how-to" introduction to personal injury litigation or an explanation of experts' methodology, this book provides the attorney and staff with practical knowledge on how to maximize the effective use of a team of damages experts.
This book instructs the attorney in the selection of experts, how that information is used, and the interpretation of experts' reports. Included are checklists for case preparation, legal guidelines for expert testimony, glossaries of scientific terms used by experts, sample casework, and reports.
Topics covered:
- The catastrophic injury case: establishing damages
- Building a damages expert team
- Life care planning testimony
- Vocational rehabilitation testimony
- Psychological testimony
- Economic testimony
- Legal guidelines: an expert's perspective Plaintiff and defense strategies in testimony
- Glossaries, reference, samples
Table of Contents
Preface
Chapter 1: The Catastrophic Injury Case: Establishing Damages
The Expert Team
Chapter 2: Building an Expert Damages Team
Legal Constraints
Qualities of an Expert
Which Experts Are Needed
Finding and Retaining Damages Experts
Retainers and Expert Fees
The Collection of Data for Damages Evaluation
The Written Report
Discovery and Deposition of Experts
Preparation for Trial--Plaintiff's Perspectives
Establishing Order of Testimony
Style of Examination
Cross-Examination
Summary
Chapter 3: The Psychological Dimension in Personal Injury Cases
A Glossary of Selected Specialized Terms
Chapter 4: Medical Life Care Planning
Developing a Medical Life Care Plan: General Principles
Developing a Medical Life Care Plan for the Child with Severe Disabilities
A Glossary of Selected Specialized Terms
Chapter 5: Using A Vocational Expert
The Vocational Expert's Role in Severe Injury Settings
Selection of Vocational Experts
Procedures and Methods of Vocational Experts
Foundation for Expert's Opinion
Vocational Opinion
A Glossary of Selected Specialized Terms
Chapter 6: The Economic Dimension in Personal Injury Cases
Introduction
Measuring Lost Earnings and Benefits
Measuring the Value of Household Services
Measuring the Value of Life
Measuring the Present Value of Life Care Costs
Evaluation Guidelines on Economic Testimony
A Glossary of Selected Specialized Terms
Chapter 7: Sample Catastrophic Injury Case: Quadriplegia
Chapter 8: Sample Catastrophic Injury Case: Lost Enjoyment of Life
Chapter 9: Guidelines Related to the Admissibility of Expert Testimony
Federal Rules of Evidence
Federal Rules of Civil Procedure
Chapter 10: Sources for Further Information
Selected Bibliography
Groups for Further Information
Index
About the Authors
