Maximizing your recovery in motor vehicle cases

• Author: R. John Naranja
• Pages: 719-760

MAXIMIZING YOUR

RECOVERY IN MOTOR

VEHICLE CASES

24-1

CHAPTER 24

MAXIMIZING YOUR RECOVERY

IN MOTOR VEHICLE CASES

I. EVALUATING YOUR CLIENT’S DAMAGES

§24-1 Seven Most Important Damages Characteristics

§24-2 Catastrophic Injuries

§24-2.1 Wrongful Death

§24-2.2 Signif‌icant Brain Injury

§24-2.3 Spinal Cord Injury

§24-2.4 Traumatic Amputations

§24-2.5 Fractures

§24-2.6 Scars

§24-2.7 Injuries Requiring Surgery

[§§24-3 – 24-5 Reserved]

II. GATHERING EVIDENCE BEFORE TRIAL

A. The Initial Client Interview

§24-6 Overview

§24-7 Insurance

§24-8 Police Report

B. The Lawyer’s Informal Investigation

§24-9 Examine Local and State Vehicle Codes

§24-10 Contact Witnesses and Consider Obtaining Statements

§24-10.1 Sample Field Questions to Potential Parties or

Witnesses to Elicit Facts Necessary to Prove the Case

§24-10.2 Sample Statement Prepared for Independent Witness After Interview

§24-11 Documenting the Scene and Site Conditions at the Time of the Occurrence

§24-12 Consider Retaining Expert Witnesses Early

[§§24-13 – 24-14 Reserved]

C. Formal Written Discovery

§24-15 Scope of Discovery in General

§24-16 Initial Written Discovery and How It Can Be Used to Your Advantage

Form 24-16.1 Sample Written Interrogatories – Auto Case

§24-17 Preparing Answers to Written Interrogatories

§24-18 Production Requests

Form 24-18.1 Sample Written Document Request

[§24-19 Reserved]

[Editor’s Note: All medical illustrations that appear or are referenced in this chapter are available online – in full-size

and most in four-color – through James Publishing Digital Access.]

MAXIMIZING YOUR

RECOVERY IN MOTOR

VEHICLE CASES

Medical Evidence 24-2

D. Depositions: A Critical Tool Which Can Make or Break a Case

§24-20 Deposing the Opposing Party or Witnesses

§24-21 Uses of the Deposition

§24-22 Using Time, Speed, and Distance Formulas to Establish Liability

§24-23 Checklist to Prepare for Taking Auto Collision Depositions

§24-24 Checklist: Opposing Party Deposition

§24-25 Presenting the Client for Deposition

Form 24-25.1 Letter to Client re Deposition

§24-26 Sample Client Deposition Questions

§24-27 Checklist: Deposition of a Treating Physician

[§§24-28 – 24-33 Reser ved]

III. MEDICAL EVIDENCE AT TRIAL

A. Streamlining the Evidence at Trial

1. Stipulate to Foundations of Evidence

§24-34 Sample Exhibit List

§24-35 Video Evidence

§24-36 Diagrams

§24-37 Blackboards

§24-38 Models

§24-39 Demonstrative Devices Used With Medical Testimony

2. Motions in Limine

§24-40 Description and Purposes of Motion

Form 24-41 Sample Motion in Limine – Motor Vehicle Case

[§§24-42 – 24-44 Reserved]

B. Jury Selec tion

§24-45 Governing Principles

§24-46 Two Types of Jurors to Choose

§24-47 Challenges for Cause

§24-48 Use of Open-Ended Questions

§24-49 Sample Voir Dire Questions

[§§24-50 – 24-54 Reserved]

C. Examination Outlines

§24-55 Checklist: Direct Examination of Treating Physician

[§§24-56 – 24-64 Reserved]

IV. ISSUES UNIQUE TO LOW IMPACT, SOFT TISSUE INJURY (“LIST”) CASES

A. Mechanism of Injury

§24-65 Generally

[§24-66 – 24-69 Reserved]

B. Effec tive Use of Medical Evidence in a LIST Case

1. Medical Records

§24-70 What You Need to Know

§24-71 Common Anatomical Terms in Soft Tissue Cases

§24-72 Components of a Typical Medical Chart

§24-73 Admission Records

2. Proving Pain Through Range of Motion (R.O.M.) Tests

§24-74 Governing Principles

§24-75 Sample Questions to Physician re R.O.M. Deviations to Demonstrate Injury

3. Medications

§24-76 Use Evidence of Prescriptions to Help Establish Pain and Suffering

[§§24-77 – 24-79 Reserved]

MAXIMIZING YOUR

RECOVERY IN MOTOR

VEHICLE CASES

24-3 Maximizing Your Recovery in Motor Vehicle Cases

4. Refuting Negative Diagnostic Findings

§24-80 Use Medical Testimony and Literature to Refute Necessity

of Positive Test to Explain Plaintiff’s Complaints

[§§24-81 – 24-84 Reserved]

V. FORMS & CHECKLISTS

§24-85 Checklist: Fracture Evaluation

§24-86 Checklist: Fractures at Risk for Delayed or Nonunion

§24-87 Checklist: Spinal Cord Injury Evaluation

§24-88 Checklist: Traumatic Amputation Evaluation