Lexis Nexis Damages in Tort Actions
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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 reference work, 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.
eBooks, CDs, downloadable content, and software purchases are noncancelable, nonrefundable and nonreturnable. Click here for more information about LexisNexis eBooks. The eBook versions of this title may feature links to Lexis+® for further legal research options. A valid subscription to Lexis+® is required to access this content.
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
