Most of the cases in Torts and Personal Injury Law have been decided since 2000, making this the most up-to-date text available on this area of law. The text features the most memorable cases and examples to make the content thought provoking and of great interest to the student. In particular, it addresses computer tort cases which are timely and generally attract students’ attention.
Taking a case approach, this proven book provides an accessible overview of tort law for paralegals who work on personal injury matters. Hypothetical scenarios in every chapter demonstrate how abstract tort law pertains to real life accidents and injuries. In addition, over 75 annotated cases featuring hot button issues give readers an opportunity to apply key concepts to the types of cases they will encounter on the job. Built-in learning aids include problems, projects, a running glossary of legal terms, outlines, chapter summaries, and review questions. Now fully updated throughout, the Fifth Edition includes a new chapter on negligence, new content, and new chapter-opening features titled The Biggest Mistakes Paralegals Make and How to Avoid Them. Each of these unique vignettes illustrates a dilemma, an ethical lapse, or another unfortunate experience that actually happened. Important Notice: Media content referenced within the product description or the product text may not be available in the ebook version.
This text for the paralegal course emphasizes personal injury and medical information useful in litigating torts cases. The text has two in-depth chapters on litigation before and during trial. It provides paralegal students with the foundational information on torts and teaches them how to apply the skills they will need when working as personal injury paralegals. The text features teachable and comprehensive coverage, beginning with an introduction to the concept of torts and then moving into each element of negligence. The book then tackles medical malpractice as a type of negligence. Intentional torts are covered next, followed by a chapter on workers’ compensation. The book concludes with chapters on how to discover medical records, tort discovery, and litigation. An introduction to medicine is provided as an appendix. A special emphasis is given to medical information specifically related to personal injury, including a guide on how to obtain medical records and how to understand those records.
Legal assistants by William R. Buckley,Cathy J. Okrent
This book presents a thorough examination of tort law, combining the essential theoretical foundations with practical applications to demonstrate how the rules pertain to real practice. Torts and Personal Injury Law provides a comprehensive look at tort law and examines a number of issues including legal remedies for private and public nuisances, false imprisonment, statutes of limitations, proving negligence, defamation by computer as well as numerous other remedies of tort law. Activities at various litigation stages, pre-trial, during trial, and post-trial procedures are fully explored.ALSO AVAILABLEINSTRUCTOR SUPPLEMENTS CALL CUSTOMER SUPPORT TO ORDERInstructor's Manual, ISBN: 0-8273-7573-5
Written by a trial lawyer who has had 37 years of practical experience in torts and personal injury law and moving beyond traditional torts textbooks, Tort and Personal Injury Law for the Paralegal covers the topics that help win and lose cases. In addition to the traditional black letter law of torts, the book offers unique chapters on medical and insurance issues–preparing paralegals for the real tasks they are likely to face in today's workplace. This revolutionary book is filled with authentic legal, medical and insurance documents that allow students to learn how documents are constructed and where to find critical information. End-of-chapter assignments and instructor materials simulate a supervising attorney's work requests and help students build skills and create samples for prospective employers.
Master the tort law prinicples you'll need to assist in personal injury matters as a paralegal! Taking a case approach, this accessible overview of tort law includes more than 75 annotated cases that illustrate hot button issues and give you an opportunity to apply chapter concepts to the types of cases you will encounter on the job. Hypothetical scenarios in every chapter demonstrate how abstract tort law pertains to real life accidents and injuries. Built-in learning aids include problems, projects, a running glossary of key legal terms, outlines, chapter summaries, and review questions to help you learn the material. Each chapter starts with a vignette titled "The Biggest Mistakes Paralegals Make and How to Avoid Them" illustrating a dilemma, an ethical lapse, or another unfortunate experience that actually happened.
Facts101 is your complete guide to Torts and Personal Injury Law. In this book, you will learn topics such as as those in your book plus much more. With key features such as key terms, people and places, Facts101 gives you all the information you need to prepare for your next exam. Our practice tests are specific to the textbook and we have designed tools to make the most of your limited study time.
TORTS: PERSONAL INJURY LITIGATION, 5TH EDITION, will provide your students with a comprehensive guide to the law of torts. This fifth edition extends the discussion of paralegal roles within tort litigation and examines the ethics of attorney solicitation. A comprehensive checklist, which includes definitions, defenses, relationships, paralegal roles and research references, is provided for each tort presented. This checklist will provide your students with an overview of information and serves as an on-the-job refresher. Over forty pertinent case studies are included, allowing your students to examine important court opinions. Among the controversial issues discussed in these court opinions are AIDS, the Oklahoma bombing, computer torts, assistance to the homeless, billion dollar verdicts and settlements, biomedical research and the alleged tort committed by President Clinton that became part of his historic impeachment and Senate trial. Important Notice: Media content referenced within the product description or the product text may not be available in the ebook version.
The Law of Personal Injury explores the area of law that involves "tortious conduct" -- that is, conduct which is wrongful. This handy guide examines three general aspects of liability in personal injury law -- negligence, intential tort, and strict liability. Medical malpractice and products liability are also covered. A useful appendix provides sample documents, applicable statutes, and other pertinent information and data. A glossary is also included. The Legal Almanac series serves to educate the general public on a variety of legal issues pertinent to everyday life and to keep readers informed of their rights and remedies under the law. Each volume in the series presents an explanation of a specific legal issue in simple, clearly written text, making the Almanac a concise and perfect desktop reference tool. All volumes provide state-by-state coverage. Selected state statutes are included, as are important case law and legislation, charts and tables for comparison.
Author: Santo Davide Ferrara,Rafael Boscolo-Berto,Guido Viel
This volume serves to provide an international overview of personal injury compensation in different geographical areas (15 countries already included), with a special focus on the methods used to ascertain the injury and the related damages. It also goes on to clarify the logical and methodological steps required for a sequential, in-depth ascertainment of any traumatic event and the related personal damage, both pecuniary and non-pecuniary. Personal injury is a legal term for an injury to the body, mind or emotions suffered by the plaintiff under tort and/or civil law regulations. Damages related to the injury can be pecuniary or non-pecuniary in nature. Although several comparative studies and research projects on tort and civil law and personal injury claims aimed at developing new tools for promoting harmonization of private law have been performed at an international level, heterogeneity and divergences still exist in the definition and compensation of personal injury and damage across different national legislative systems. The starting point for any awarding procedure should be a medical, or rather a medico-legal, assessment to gain evidence on the trauma or event causing the injury, the mechanism of injury, the pre-existing health status of the injured party, and the health consequences of the injury (temporary and permanent impairment, work incapacity, etc.). In order to pursue the ultimate goal of an international harmonization of personal injury compensation, it is of upmost importance to define the quality requirements for the medico-legal ascertainment methodology, which are essential for guaranteeing the objectivity, rigor, and reproducibility of the data and the evidence collection procedure. Currently, there are no supra-national medico-legal guidelines dealing with the ascertainment methodology of personal injury and damage under tort and civil law.
new compensation mechanisms for victims, consumers, and business
Author: Stephen D. Sugarman
Although personal injury law has been much criticized--by legal groups, insurers, health care providers, the business community, legislators, victims, and others--no concrete legal reforms have been enacted that would create a more equitable compensation system for accident victims of all sorts. In this volume, Sugarman offers both a penetrating critique of current personal injury law and a pioneering proposal for new compensation arrangements and new mechanisms for controlling unreasonably dangerous conduct. Sugarman argues persuasively that personal injury law as it is currently constructed generates more perverse behavior than desired safety, that it is an intolerably expensive and unfair system of compensating victims, and that in practice it fails to serve any commonsense notion of justice. His solution is the abolition of personal injury law and the institution of reforms based on social insurance and employee benefits. Sugarman begins by examining the justifications advanced in support of existing personal injury law, demonstrating that these goals are either unachieved or inefficiently pursued. He argues that current tort law discourages business innovation, undermines our health care system, diverts the time and attention of engineers, executives, and others from their main tasks, leaves many victims uncompensated while allowing others inappropriate punitive damages, artificially inflates insurance costs, and more. In the second section, Sugarman criticizes already proposed reforms, arguing that they do not go nearly far enough to address the serious short falls of the current system. Finally, Sugarman delineates his own three-part reform proposal: eliminate tort remedies for accidental injuries; build on existing social insurance and employee benefit plans to assure generous, yet fair compensation to all accident victims; and build on existing regulatory schemes to promote accident avoidance and to provide effective outlets for public complaints. Practicing attorneys, lobbyists, policymakers and business, consumer, and insurance leaders will find Doing Away with Personal Injury Law a provocative contribution to the continuing debate on the best means of reforming the victim compensation system.
This is the second volume in the annual McPherson Lecture Series, inaugurated by the University of Queensland TC Beirne Law School, which hosts a celebrated international scholar or legal expert to deliver a series of three lectures. In the first two of these thought-provoking lectures, Peter Cane examines the political and economic significance of personal injury law. In his final lecture, he explores the possible future role of tort law as a way of dealing with the social problem of personal injury. He questions whether tort law should provide compensation for non-monetary harm resulting from personal injury, while acknowledging that it would continue to feature as one element of a mixed regime for dealing with personal injuries comprising a range of diverse regulatory and compensatory arrangements.
Students whose instructors useTort Law for Paralegals, Third Edition, will come away from their Torts course with a true understanding of Tortsandwhat it is like to practice in the real world. The easy-to-read and engaging style of experienced author Neal Bevans utilizes numerous examples and illustrations to provide an in-depth discussion of tort law, combined with a solid foundation in the practicalities of daily legal work.Key features that make this text a resounding success include:broad coverage of all the key topics in tort lawthat paralegals need to know coverage ofpractical skillsthat include working in a law firm, assessing cases for settlement value, investigating claims, billing hours, and evaluating insurance policiesemphasis on ethical issueswith a separate section on ethics at the end of each chapterone hypothetical casethat runs through all the chapters, providing continuity to the material and a vehicle for illustrating various points in a coherent frameworkforms and court documents relevant to the hypothetical caseincluded in the appendixa robust Instructor’s Manualthat includes a test bank, lesson plans, suggested syllabi, web resources, and additional assignments a CD with ancillaries, including PowerPoint slidesThe well-developed, highly teachable pedagogy of this concise text includes:chapter objectivesto open each chapter“Issue at a Glance”boxes in each chapter that summarize important legal conceptsmarginal definitionsnumerousfigures, tables, and diagramscase excerptsthat discuss legal theory and practical applications“Skills You Need in the Real World”sections in each chapter that highlight particular paralegal skills, ranging from locating expert witnesses to creating a trial notebook to billing time in a file“Life of a Paralegal”sections that profile paralegals working in the field references towebsitesthat assist students in gathering more informationadditional forms and court documentsat the end of each chapterKey Terms, Review Questions, andApplying What You Have LearnedexercisesRefinements to the Third Edition include:web resourcesandcase excerptsalong with other developments in the law, that have been updated throughout the bookassignmentsandexercisesthat have been revised to reflect the author’s experience teaching from the book
The focus of the essays in this book is on the relationship between compensation culture, social values and tort damages for personal injuries. A central concern of the public and political perception of personal injuries claims is the high cost of tort claims to society, reflected in insurance premiums, often accompanied by an assumption that tort law and practice is flawed and improperly raising such costs. The aims of this collection are to first clarify the relationship between tort damages for personal injuries and the social values that the law seeks to reflect and to balance, then to critically assess tort reforms, including both proposals for reform and actual implemented reforms, in light of how they advance or hinder those values. Reforms of substantive and procedural law in respect of personal injury damages are analysed, with perspectives from England and Wales, Canada, Australia, Ireland and continental Europe. The essays offer valuable insights to anyone interested in the reform of tort law or the tort process in respect of personal injuries.
The quick and accurate reference to Maryland tort law will help you determine the merits of a potential case and then lead you to the sources of authority necessary to win it. Organized according to specific torts, areas of torts, and damages, the Maryland Tort Law Handbook provides an easy reference source for active practitioners and includes the latest developments in Maryland tort law.
Law by Basil Markesinis,Michael Coester,Guido Alpa,Augustus Ullstein
Cross-border claims for personal injuries are becoming more common. Furthermore, European nationals increasingly join class actions in the USA. These tendencies have created a need to know more about the law of damages in Europe and America. Despite the growing importance of this subject, there is a dearth of material available to practitioners to assist them in advising their clients as to the heads of damage recoverable in other countries. This book aims to fill that gap by looking at the law in England, Germany and Italy. It sets out the raw data in the wider context of tort law, then provides a closer synthesis, largely concerned with methodological issues, and draws some comparative conclusions.
The fifth edition of Lunney and Oliphant's market-leading tort law text provides a complete, authoritative guide to the subject. The book combines clear overviews of the law with well-chosen extracts from cases and materials supported by insightful commentary.