Practical Guidance
Time-saving Solutions
Knowledgeable Insights

Damages in Tort Actions

Select a format

Print Book :11 volumes, looseleaf, updated twice a year
ISBN: 9780820513096
In Stock
Price
$5,285.00
QTY
eBook :epub
ISBN: 9781579116378
In Stock
Price
$4,804.00
Best value
QTY
eBook :mobi
ISBN: 9781579116378
In Stock
Price
$4,804.00
Best value
QTY
International Order Inquiry

Product details

View a sample of this title using the ReadNow feature

Damages in Tort Actions is an in-depth legal and policy analysis of compensatory and punitive damages in personal injury, wrongful death, and property damage cases. This 11-volume looseleaf reference work, first published in 1982 and updated twice annually, shows you how to increase your clients' opportunities to recover substantial verdicts through effective preparation and trial performance, with topics including:

•  Pain and suffering
•  Emotional distress
•  Medical expenses
•  Loss of earnings and earning capacity
•  Loss of consortium and services
•  Loss of enjoyment of life
•  Pre-natal injuries
•  Collateral source doctrine
•  Aggravation of injury
•  Expert witnesses
•  Jury instructions
•  Documentary and demonstrative evidence
•  Contribution
•  Indemnity
•  Damages under no-fault statutes
•  Libel and slander
•  Pre-impact terror
•  Comparative negligence
•  Releases
•  Structured settlements
•  Vocational rehabilitation
•  Use of economics experts
•  Illustrative trial transcripts, awards and settlements
•  Sample forms of pleading
•  Practice manual with discussion and analysis
•  Extensive case annotations to all jurisdictions

Don't miss this indispensable guide to damages in tort actions from Matthew Bender and LexisNexis, providing high-quality solutions to all your legal research needs.


The eBook versions of this title feature links to Lexis Advance for further legal research options.

Authors / Contributors

Table of Contents

VOLUME 1

PART I TYPES OF DAMAGES


Chapter 1 Damages in General

Chapter 2 Nominal Damages

Chapter 3 Compensatory Damages In General



PART II SPECIFIC LOSSES

Chapter 4 Pain and Suffering

Chapter 5 Negligent Infliction of Emotional Distress

Chapter 6 Intentional Infliction of Emotional Distress

Chapter 7 Mishandling of Dead Bodies

Chapter 8 Loss of Enjoyment of Life



VOLUME 2

Chapter 9 Cost of Medical Treatment, Nursing Care, and Related Expenses

Chapter 10 Loss of Time or Earnings and Impairment of Earning Capacity

Chapter 11 Third Part Interference with Familial Relationships

Chapter 12 Permanent Injury

Chapter 13 Increased Likelihood of Illness and/or Disability and Related Anxiety



PART III SPECIAL ISSUES

Chapter 14 Tort Form Legislation

Chapter 15 Aggravation of Injury



VOLUME 3

Chapter 16 Mitigation of Damages

Chapter 17 The Collateral Source Rule

Chapter 18 Prenatal Injuries - Wrongful Pregnancy, Wrongful Birth, and Wrongful Life

Chapter 19 Spoliation of Evidence



PART IV WRONGFUL DEATH AND SURVIVAL ACTIONS

Chapter 20 Wrongful Death and Survival Actions - An Overview

Chapter 21 Survival Actions

Chapter 22 Wrongful Death Actions - Loss to Beneficiaries

Chapter 23 Wrongful Death Actions - Loss to Estate

Chapter 24 Death of a Minor Child

Chapter 25 [Reserved]

Chapter 26 Wrongful Death of an Unborn Child

Chapter 27 Loss of a Chance of Survival

Chapter 28 Procedural and Related Matters Associated with Death Actions



VOLUME 4

PART IV
(Continued)

Chapter 29 Appendix of Statutes - Wrongful Death and Survival Acts



PART V EVIDENTIARY ISSUES

Chapter 30 Reference to the Amount Sought

Chapter 31 Evidence of Family Circumstances of Litigants

Chapter 32 References to the Financial Status of Litigants

Chapter 33 Damages Questionnaire

Chapters 34-35 [Reserved]

Chapter 36 Life and Work Expectancy - Use of Mortality Tables



PART VI PERSONAL PROPERTY

Chapter 37 Damages to and Destruction of Personal Property



PART VII INFLATION, TAXES, AND INTEREST

Chapter 38 Inflation and Reduction to Present Value

Chapter 38A Tax Consequences in Personal Injury Actions

Chapter 39 Interest



PART VIII PUNITIVE DAMAGES

Chapter 40 Punitive Damages



VOLUME 5

PART IX USING EVIDENCE AT TRIAL


Chapter 41 Expert Testimony

Chapter 42 Demonstrative Evidence

Chapter 43 Documentary Evidence



PART X INVASION OF PRIVACY AND DEFAMATION

Chapter 44 Invasion of Privacy

Chapter 45 Damages in Defamation Actions



PART XI FEDERAL LAW

Chapter 46 Damages Under Federal Statutes



PART XII ISSUES AFFECTING RECOVERY

Chapter 47 No-Fault Automobile Insurance

Chapter 48 Comparative Negligence



VOLUME 6

PART XII
(Continued)

Chapter 49 Contribution

Chapter 50 Indemnity

Chapter 51 Releases

Chapter 52 Guaranteed Verdict Agreements



PART XIII JURY INSTRUCTIONS

Chapter 53 Jury Instructions

Chapters 54-58 [Reserved]

Table of Cases



VOLUME 7

PART XIV ILLUSTRATIVE AWARDS AND SETTLEMENTS


Chapter 59 Illustrative Awards and Settlements

Chapters 60-69 [Reserved]



VOLUME 8

PART XV PRETRIAL CONSIDERATIONS


Chapter 70 Interview and Retainer

Chapter 71 Initiation of the Suit

Chapter 72 Discovery

Chapter 73 The Physical Examination of the Plaintiff

Chapter 74 [Reserved]

Chapter 75 Evaluation and Investigation

Chapter 76 Medical Facts and Records

Chapter 77 Punitive Damages

Chapters 78-79 [Reserved]

Chapter 80 Maximizing Recovery in the Small Personal Injury Case

Chapter 81 Settlement Techniques

Chapter 82 Settlements Via Periodic Payments: Structured Settlements

Chapter 83 Structured Settlements - The Plaintiff's View

Chapter 84 Structured Settlements: The Defendant's View

Chapters 85-86 [Reserved]

Chapter 87 Demonstrative and Documentary Evidence

Chapter 88 Expert and Lay Witnesses

Chapters 89-90 [Reserved]

Appendix III: Settlement Agreement and Release

Appendix IV: Settlement Agreement and Release




PART XVI TRIAL CONSIDERATIONS

Chapter 91 The Trial

Chapter 92 Jury Selection

Chapter 93 Opening Statement

Chapter 94 Direct Examination of the Plaintiff and Family Members

Chapter 95 Direct Examination of Expert Witnesses

Chapter 96 Cross-Examination



PART XVII EXPERT DAMAGE WITNESSES

Chapter 97 Summation

Chapters 98-99 [Reserved]



VOLUME 9

PART XVII
(Continued)

Chapter 101 Selecting the Expert Damage Witness: Rehabilitation

Chapter 101A Daubert vs. Merrill Dow: Implications for the Life Care Planner

Chapter 102 Selecting the Expert Damage Witness: The Economist



PART XVIII VOCATIONAL REHABILITATION

Chapter 103 The Vocational Rehabilitation Evaluation: Individuals with an Established Work History

Chapter 104 Assessing Vocational Handicaps and Transferable Skills

Chapter 105 The Vocational Rehabilitation Evaluation: Individuals with a Limited or Nonexistent Work History - Age Infancy to Twenty-Five

Chapter 106 Catastrophic Injuries: Introduction to Life Care Planning



PART XIX ECONOMIC LOSS

Chapter 107 Assessing Future Costs in Catastrophic Injuries: The Economist's Role

Chapter 107A Life Expectancy in Catastrophic Disability

Chapter 108 Future Projections and Reduction to Present Value

Chapter 109 The Evaluation of Economic Loss (Diminution of Earning Capacity) - Rehabilitation

Chapter 110 Evaluating the Diminution of An Individual's Earning Capacity: The Economist's Role

Chapter 111 The Evaluation of Economic Loss in Wrongful Death



PART XX USING THE EXPERT DAMAGE WITNESS IN LITIGATION

Chapter 112 Courtroom Procedures and Techniques: Rehabilitation

Chapter 112A Facilitating the Rehabilitation Evaluation: Questions for Deposition

Chapter 113 Courtroom Techniques: The Economist

Chapter 114 Case Reviews: Non-Catastrophic

Chapter 115 Case Review: Non-Catastrophic - The Elderly in the Labor Market

Chapter 116 Case Review - Wrongful Death

Chapter 117 Case Review - Catastrophic

Chapter 118 Attorney Commentary: The Economist in Personal Injury Litigation

Chapter 119 Evaluating the Loss of Household Services



VOLUME 10

PART XXI STRUCTURED SETTLEMENTS


Chapter 120 Structured Settlements



PART XXII OTHER ECONOMIC LOSS ISSUES

Chapter 121 Economic Loss Bibliography

Chapter 122 Glossary and Sources of Economic Data

Chapter 123 Collateral Sources

Chapter 124 Economic Evaluation of the Loss of Enjoyment of Life - Hedonic Damages



PART XXIII MEDICAL INJURIES

Chapter 125 Back and Neck Injuries

Chapter 126 Spinal Cord Injuries

Chapter 126A Post-Traumatic Epilepsy

Chapter 127 Extremity Impairments

Chapter 128 Amputations

Chapter 129 Arthritis and Rheumatic Diseases

Chapter 129A Psychological and Dental Influences in Temporomandibular Joint Syndrome

Chapter 130 Hernias

Chapter 131 Cardiovascular Impairments

Chapter 132 Pulmonary Impairments

Chapter 133 Central Nervous System Impairments: Brain Injury



PART XXIII MEDICAL INJURIES

Chapter 133A Electronic Thermography: Its Use in Neuromuscular Disorders and in Reflex Sympathetic Dystrophy

Chapter 133B Interviewing the Head-Injured Client and Family Members: Questions for History-Taking and Deposition

Chapter 133C Neuropsychological Testing, Scoring, Analysis and Interpretation

Chapter 133D Mild Brain Injury: Causes, Damages, Diagnosis and Treatment



VOLUME 11

PART XVIII
(Continued)

Chapter 134 Impairments of the Special Senses

Chapter 134A Hearing Impairment

Chapter 134B The Technology of Augmentative and Alternative Communication

Chapter 135 Psychological Disorders and Adaptation to Disability

Chapter 136 Chronic Pain

Chapter 137 Burns

Chapter 137A Solid Organ Transplantation

Chapter 138 Ventilator Dependency

Chapter 139 Acquired Immune Deficiency

Chapter 139A AIDS and Oral Health



PART XXIV DISABILITY AND ACCESSIBILITY

Chapter 140 Americans With Disabilities Act

Chapter 141 Accessibility a Key Factor in the Rehabilitation Plan



PART XXV GOE WORK GROUPS

Appendix: Guide to Appendices

Appendix I: GOE Work Groups

Appendix II: Questions for Deposing the Injured Party

Index