Auto Accident Checklist Second Edition

• Author: Jon R. Abele
• ISBN 10: 1-936360-16-0
• ISBN 13: 978-1936360-16-1
• Copyright Date Ed:  May 9, 2013
• Pages: 120
• Binding Information: Spiral-bound
• Size: 6 ✕ 9 Inches (US)
  

The easy-to-use guide to automobile accidents.

The Automobile Accident Checklist, Second Edition streamlines and organizes all the information you need to represent your injured client in an auto accident case. The checklist format allows you to quickly determine what issues are present in the case, how to formulate the legal theory that will lead to success and how to blunt the effect of any defenses. Representative cases are provided for each point of law discussed as a starting point for your individual research. Make sure all aspects of your automobile accident case have been examined and considered before you negotiate a settlement or go to trial by using the Automobile Accident Checklist, Second Edition.

Topics covered:

• Client information
• Automobile liability insurance; health insurance
• Defendant information
• Accident information; police investigation; statements; passengers; passengers in other automobile; witnesses
• Plaintiff's automobile; defendant's automobile
• Client injury information; medical information; pre-existing injuries; pre-existing medical condition; medical treatment; dental treatment; nursing services; therapy; psychological or psychiatric treatment; future medical treatment; medical examination
• Other injured persons
• Diagram: automobile damage; injury to the body; accident scene
• Authorizations; jurisdiction
• Choice of laws; statute of limitations
• Pretrial investigation; potential defendants; pleadings; service of process
• Negotiations; settlement; alternative dispute resolution; discovery; conflicting evidence; pretrial conference; pretrial preparation; motions; stipulations; trial; evidence; damages
• Jury instructions; verdict and findings; judgment; appeal; costs; collection; distribution of funds to client
• Defendants
• Negligent entrustment; proof of negligent entrustment
• Minor driver; family purpose doctrine
• Third party liability
• Respondent superior joint venture
• Proximate cause
• Damages: special damages; property damages
• General damages: future medical costs; future lost wages; diminished earning capacity; pain and suffering; degradation of plaintiff's quality of life; disfigurement; disability; punitive damages
• Derivative claims: loss of consortium; negligent infliction of emotional distress
• Defenses: contributory negligence/comparative fault; guest statute; superseding cause; unavoidable accident; last clear chance; sudden emergency doctrine; assured clear distance rule; seat belt defense

Table of Contents

Introduction
Part 1. Information
1.1 Client Information
1.2 Automobile Liability Insurance
1.3 Health Insurance
1.4 Defendant Information
1.5 Accident Information
1.6 Police Investigation
1.7 Statements
1.8 Passengers
1.9 Passengers in Other Automobile
1.10 Witnesses
1.11 Plaintiff's Automobile
1.12 Equipment
1.13 Defendant's Automobile
1.14 Client Injury Information
1.15 Client Medical Information (Female)
1.16 Client Pre-existing Injuries
1.17 Client Pre-existing Medical Condition
1.18 Client Medical Treatment
1.19 Client Dental Treatment
1.20 Client Nursing Services
1.21 Client Therapy
1.22 Client Psychological or Psychiatric Treatment
1.23 Future Medical Treatment
1.24 Client Medical Examination
1.25 Other Injured Persons
1.26 Diagram‹Automobile Damage
1.27 Diagram‹Injury to the Body
1.28 Diagram‹Accident Scene
Part 2. Procedure
2.1 Authorizations
2.2 Jurisdiction
2.3 Venue
2.4 Statute of Limitations
2.5 Pre-trial Investigation
2.6 Potential Defendants
2.7 Pleadings
2.8 Service of Process
2.9 Negotiations
2.10 Settlement
2.11 Alternative Dispute Resolution
2.12 Discovery
2.13 Pre-trial Conference
2.14 Pre-trial Preparation
2.15 Motions
2.16 Stipulations
2.17 Trial
2.18 Evidence
2.19 Damages
2.20 Jury Instructions
2.21 Verdict and Findings
2.22 Judgment
2.23 Appeal
2.24 Costs
2.25 Collection
2.26 Distribution of Funds to Client
Part 3. Procedure
3.1 Jurisdiction
3.2 Choice of Laws
3.3 Statute of Limitations
3.4 Notice
3.5 Jury Instructions
3.6 Conflicting Evidence
3.7 Collection
3.8 Disbursement
3.9 Prejudgment Interest and Costs
Part 4. Theory of the Case
4.1 Duty
4.2 Breach of Duty
4.3 Violation of Statute
4.4 Use of Violation
4.5 Rules and Regulations
4.6 Evidence of Custom
4.7 Prior Accidents
4.8 Alcohol Use
4.9 Defective Design
4.10 Highway Defect
4.11 Wanton Misconduct
4.12 Left Turn
4.13 Crossing Center Line
4.14 Bicycles
Part 5. Defendants
5.1 Defendants
5.2 Negligent Entrustment
5.3 Proof of Negligent Entrustment
5.4 Minor Driver/ Family Purpose Doctrine
5.5 Third Party Liability
5.6 Respondent Superior
5.7 Joint Venture
Part 6. Proximate Cause
6.1 Proximate Cause
Part 7. Damages
7.1 Special Damages
7.2 Property Damages
7.3 Future Medical Costs
7.4 Future Lost Wages
7.5 Diminished Earning Capacity
7.6 Pain and Suffering
7.7 Hedonic Damages‹Degradation of Plaintiff's Quality of Life
7.8 Disfigurement
7.9 Disability
7.10 Punitive Damages
7.11 Loss of Consortium
7.12 Negligent Infliction of Emotional Distress
Part 8. Insurance
8.1 Uninsured Motorist Coverage
8.2 Underinsured Motorist Coverage
8.3 No-Fault
8.4 Coverage
Part 9. Defenses
9.1 Contributory Negligence/Comparative Fault
9.2 Guest Statute
9.3 Superseding Cause
9.4 Unavoidable Accident
9.5 Last Clear Chance
9.6 Sudden Emergency Doctrine
9.7 Assured Clear Distance Rule
9.8 Seat Belt Defense
Table of Cases
About the Author