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.
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.
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.
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.
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.
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.
Against the background of the creation of an EU-wide frame of reference for private law relevant to the Common Market, this study, which was requested by the EU Commission, analyses the dovetailing between contract and tort law on the one hand, and between contract and property law on the other. The study examines the legal orders of almost all the Member States of the EU, illustrates the differences between contractual and non-contractual liability and evaluates the different systems of the transfer of property, of movable and immovable securities as well as trust law. The study comes to the conclusion that the intensive considerations on the creation of a model-law in the area of European private law do not allow these thoughts to be limited to contract law. Such a limitation to the scope of the regarding of this area would probably cause more problems than it would solve, or at any rate not do justice to the needs of the Common Market.