From Accident to Verdict
Edition: 1
Copyright: 2024
Pages: 88
Edition: 1
Copyright: 2024
Pages: 88
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With clear explanations, detailed hypotheticals, and artful pedagogy, author Tracey Livingston organized Phase I of a supplemental guide, highlighting personal injury matters from the accident or negligent act to the resolution of the claim within every student’s reach. Phase II will supplement Phase I, highlighting the legal complaint phase from accident to verdict. This supplemental reader handbook aligns with current practices.
From Accident to Verdict features:
- The Accidental Process, from beginning to end
- Hypotheticals, detailed incident scenarios for students to use for practical application
- Investigation, preliminary tips on investigating the accident scene
- Insurance, preliminary pillars of the insurance claim
- Client Interviews, the interview process
- Client Treatment, what to expect, and the responsibilities of the legal professional
- Client Medical Records, retrieving, organizing, and electronic storage
- Client Injuries, understanding soft tissue injuries vs. permanent impairments
- Wage Loss, understanding how, when, and why it is calculated
- Settlement, settlement options
- Case Citations, negligent cases for research and analyzing
- Exercises, knowledge exercises
ACKNOWLEDGMENTS
INTRODUCTION
PHASE I: THE ACCIDENTAL PROCESS TO LIABILITY
The Accidental Process
Illustration 1.1: Accidental Process
The Role of the Legal Professional
What Is an Automobile Accident?
What Is a Slip-and-Fall Accident?
What Is Medical Malpractice?
LEGAL UNDERSTANDING
Motor Vehicle
Slip and Fall
Medical Malpractice
HYPOTHETICALS
Fatalities
Slip and Fall
Medical Malpractice
INVESTIGATIONS
Who Is Responsible for Investigating the Incident?
In-Class Exercise 1.1
Illustration 1.2: Sample Police Report
Factors to Consider When Analyzing the Scene
LIABILITY
What Is a Liability and What Are Some Factors to Consider?
PHASE II: CLIENT INTAKE INTERVIEW
What Is the Legal Professionals’ Role in the Intake Interview?
PHASE III: INSURANCE
Personal Injury Protection
PHASE IV: PRECOMPLAINT PHASE
What Happens After Your Client Completes Treatment?
Section Summary
Section Exercises
PHASE V: DEMAND LETTER
What Is a Demand Letter?
Wage Loss or Loss of Income
What Is the Formula for Wage Loss?
Section Summary
PHASE VI: NEGOTIATIONS
Settlement Negotiations with the Insurance Company
PHASE VII: MONETARY AUTHORITY
PHASE VIII: SETTLEMENT STRATEGY
Mediation
PHASE IX: RELEASE OF ALL CLAIMS
Settlement
Section Summary
CASE ANALYSIS
Analyze the Case from the Beginning to the Negotiations Phase
Illustration 1.3: Sample Demand Letter
Personal Background
Facts of the Accident
Plaintiff’s Injuries
Medical Expenses and Wage Loss
Loss of Life’s Pleasures
Illustration 1.4a: Sample Fact Pattern I
Illustration 1.4b: Sample Fact Pattern II
Summary of Information Known to This Witness
Client’s Description of Incident
CASE CITATIONS
Jury Verdicts and Settlements
Tracey Livingston received an Associate of Applied Science degree with a concentration in Paralegal Studies from Community College of Philadelphia in 1997 an ABA-approved program. She interned with a mid-sized personal injury firm where she was later hired as a full-time paralegal providing 13 years of excellent service. She is also a 2006 graduate of Eastern University with an MBA. In 2014 she also earned an M.Ed. from Capella University in Post-Secondary and Adult Education. While working as an adult educator, she held positions as an Adjunct Professor in Business and Legal Studies as well as positions as Program Chair and Director of Education. Tracey also taught for several years for the Philadelphia Prison Systems educating juveniles being charged as adults. In addition, Tracey started a Freelance Paralegal business serving personal injury and criminal defense attorneys in the Philadelphia area. Tracey is currently employed full-time with the United States Federal Courts while continuing to pursue her passion for educating adults.