Evaluating and Reserving Wrongful Death and Personal Injury Cases
A necessity for defense counsel.
A casino bus traveling from New York City to Atlantic City has just crashed killing everyone including the driver. A witness reported that she saw the bus swerving from lane to lane. Another witness states that the bus passed him at approximately 20 mph over the speed limit. Worse yet, the driver’s record indicates a previous suspension for reckless driving. The file has just landed on your desk. Now what? In the face of clear liability on the part of your client, how do you defend your case? Where do you start?
What is the statute of limitations? What choice of law pertains? New York or New Jersey? First, you need to determine what type of case it is. This book is the ideal step-by-step guide for defense attorneys involved in a catastrophic death suit. For defense attorneys litigating a wrongful death suit, Evaluating and Reserving Wrongful Death and Personal Injury Cases is a “must have” reference.
Features:
Determining the type of case to be evaluated
Identify types of injuries and plead and potential causes of action
Identify named or potential co-defendants
Identify the settlement demand
Choice of law considerations
Identify existence of any choice of law issues
Identify likely jurisdictions
Determination of initial potential liability
Pre-litigation procedures
Determine whether any identified potential or filed cause of action requires the use of a pre-litigation procedure
Estimate affects and costs of pre-litigation procedure
Evaluating wrongful death, survival and related claims under state wrongful death actions
Identify underlying causes of action
Identify the decedent
Identify beneficiaries and allowable recovery
Calculating lost income, support, inheritance, savings, and/or loss earning capacity
Calculate lost services
Projecting jury verdicts and determining settlement values for intangible damages
Calculate survival action damages
Determine other possible awards
Determine availability and likelihood of factors increasing or decreasing awards
Determine total verdict range and settlement value
Evaluating personal injury and derivative claims and under common law personal injury actions
Identify underlying causes of action
Identify the claimants
Identify allowable recovery
List past and estimate future medical expenses
Calculating lost income and/or loss of earning capacity
Calculate lost services
Projecting jury verdicts and determining settlement values for intangible damages
Calculate derivative action damages
Spousal derivative actions
Derivative actions by parent of injured child
Determine other possible awards
Determine availability and likelihood of factors increasing or decreasing awards
Determine total verdict range and settlement value
Setting initial reserves
Determining advisability of early settlement
Scheduling further activity if an early settlement cannot be achieved
Evaluating and Reserving Wrongful Death and Personal Injury Cases