Auto Accident Checklist Second Edition PDF eBook

Author: Jon R. Abele Copyright Date Ed:  May 9, 2013 PDF eBook 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