Car Accident Cases

• Author: Cindy Stormer
• Pages: 275-402

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CAR ACCIDENT

CASES

CHAPTER 2

CAR ACCIDENT CASES

I. General Points

§2:01 Essential Elements

§2:02 Problems with Personal Injury Work

§2:03 Referral Agreements

II. Types of Personal Injury Actions

§2:10 Car Accidents Are Typical

§2:11 Wrongful Death Claims

§2:12 Survival Actions

§2:13 Medical Malpractice

§2:14 Health Care Treatment Decisions

§2:15 Other Types of Actions

III. Office Procedures

§2:20 The Initial Client Contact: Telephone Procedures

§2:21 Interviewing the Client

§2:22 Evaluating the Client and the Case

§2:23 The Contract

§2:24 Termination of Employment Contract

§2:25 Record Authorizations

§2:26 Advances to Cover Costs

IV. Investigating the Case

A. Liability

§2:30 Determining Liability and Causation

§2:31 Act Quickly

§2:32 Hiring an Investigator

§2:33 Retaining Experts

B. Damages

1. General Points

§2:40 Damage Definitions

§2:41 Gathering the Data

§2:42 Medical Records and Bills

§2:43 Paid v. Incurred Medical Expenses

2. Types of Damages

§2:50 Past Medical Expenses

§2:51 Future Medical Expenses

TEXAS SMALL-FIRM PRACTICE TOOLS 2−2

CAR ACCIDENT

CASES

§2:52 Disfigurement

§2:53 Physical Pain

§2:54 Mental Anguish

§2:55 Loss of Consortium

§2:56 Loss of Household Services

§2:57 Lost Wages and Earning Capacity

§2:58 Physical or Mental Impairment

§2:59 Property Damage

§2:60 Exemplary Damages

§2:61 Prejudgment Interest

C. Insurance Coverage

§2:70 Determine Insurance Coverage

§2:71 Liability

§2:72 Personal Injury Protection (PIP)

§2:73 Comprehensive

§2:74 Uninsured Motorist/Underinsured Motorist

§2:75 Statutory Damages for Property Damage Claims

§2:76 Review of Social Security Administration’s Death Master File

V. Pleadings

§2:80 Statute of Limitations

§2:81 Filing a Petition

§2:82 Insurer Cannot Be Joined as a Third-Party Defendant

§2:83 Forum Non Conveniens

§2:84 Answering a Petition

VI. Dealing With Insurance Companies

A. The Opponent’s Insurer

§2:90 Insurance Adjusters

§2:91 Reserves

§2:92 Notice Letters

§2:93 Timing for a Demand Letter

§2:94 Determining the Amount of the Demand

§2:95 Writing the Demand Letter

§2:96 Brochures and Videos

§2:97 Negotiations

§2:98 The Client’s Medical Records and Exam

B. The Client’s Insurer

§2:100 Uninsured/Underinsured Coverage

§2:101 Insurer’s Subrogation Rights

§2:102 Stacking Policies

§2:103 Personal Injury Protection (PIP)

C. Bad Faith

§2:110 Duty of Good Faith and Fair Dealing

§2:111 The Bad Faith Cause of Action

§2:112 Document Delays and Unfair Dealing

§2:113 Stowers: Failure to Settle for Policy Limits

§2:114 Stowers: When Representing Plaintiffs

§2:115 Stowers: When Representing Defendants

§2:116 Punitive Damages Cannot Be Excessive

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CAR ACCIDENT

CASES

VII. Settling the Case

A. Types of Settlements

§2:120 Cash (Lump Sum)

§2:121 Structured Settlements

§2:122 Tax Implications

B. Working With the Client

§2:130 Client’s Refusal to Settle

§2:131 Capacity and Authority

§2:132 Settlement With Minors or Incompetents

C. The Settlement Agreement

§2:140 Review the File and Procedures

§2:141 Settlement Agreement as a Contract

§2:142 Consideration

§2:143 Writing and Filing Requirements

§2:144 Collusive Agreements Are Illegal

§2:145 One Satisfaction Rule

§2:146 Effect of Settlement on Co-Defendant

§2:147 Release

D. Third Parties

§2:150 Subrogation Claims

§2:151 Tax Consequences

§2:152 Paying the Bills

§2:153 Unknown Responsible Third Parties

VIII. Discovery

§2:160 Comply With Requests You Receive

§2:161 Informal Discovery and Request for Disclosure

§2:162 Interrogatories, Production & Admissions

§2:163 Documents and Physical Exams

§2:164 Depositions

IX. Arbitration and Trial

§2:170 Arbitration

§2:171 Prepare for Trial

§2:172 Trial Evidence

§2:173 The Physician

§2:174 Evidence of Settlement Offers

§2:175 Surveillance Evidence

§2:176 Perjury for Underreported Income

Forms

Form 2:10 Procedures—Telephone Intake

Form 2:20 Questionnaire: Basic Case

Form 2:30 Questionnaire: Complex Case

Form 2:40 Interview

Form 2:50 Declining Representation—No Insurance

Form 2:60 Declining Representation—No Fault

Form 2:70 Contract for Employment—Simple

Form 2:80 Contract for Employment—Complex (Includes a Power of Attorney)

Form 2:90 Medical and Employment Records Release

Form 2:100 Initial Letter to Personal Injury Client