Motor vehicle accident and other personal injury cases

AuthorSteven F. Samilow
Pages191-324
MOTOR VEHICLE
ACCIDENT CASES
2-1
CHAPTER 2
MOTOR VEHICLE ACCIDENT AND
OTHER PERSONAL INJURY CASES
I. GENERAL POINTS
§2:01 Essential Elements
§2:02 Referral Fees
II. TYPES OF PERSONAL INJURY ACTIONS
§2:10 Motor Vehicle Accidents: The Most Common Claim
§2:11 Wrongful Death Claims
§2:12 Survival Actions
§2:13 Medical Malpractice
§2:14 Other Types of Personal Injury Actions
III. OFFICE PROCEDURES
§2:20 The Initial Client Contact: Telephone Procedures
§2:21 Inter viewing the Client
§2:22 Evaluating the Client and the Case
§2:23 The Contract
§2:24 Alternative Contingency Fee Agreement Approved by Court
§2:25 Constitutional Limitations on Contingent Attorney’s Fees in Medical Malpractice Cases
§2:26 Termination of Employment Contract
§2:27 Record Authorizations Before a Settlement Demand
§2:28 Record Authorizations After a Settlement Demand
§2:29 Advances to Cover Costs
IV. CASE INVESTIGATION
A. Liability
§2:40 Determining Liability and Causation
§2:41 Contributory Negligence Replaced by Comparative Fault
§2:42 Joint and Several Liability Replaced by Fabre v. Martin Standard
§2:43 Acting Quickly
§2:44 Hiring an Investigator
§2:45 Retaining Experts
§2:46 Soft Tissue Injuries
B. Damages
1. General Points
§2:60 Types of Damages
§2:61 Gathering the Data
§2:62 Medical Records and Bills
MOTOR VEHICLE
ACCIDENT CASES
Florida Small-Firm Practice Tools 2-2
2. Types of Damages
§2:70 Past Medical Expenses
§2:71 Future Medical Expenses
§2:72 Disf‌igurement
§2:73 Physical and Mental Pain
§2:74 Emotional Distress
§2:75 Loss of Consortium
§2:76 Lost Wages and Earning Capacity
§2:77 Physical Impairment
§2:78 Property Damage
§2:79 Punitive Damages
§2:80 Prejudgment Interest
C. Insurance Coverage and the Florida Motor Vehicle No-Fault Law
§2:90 Determine Insurance Coverage
§2:91 PIP Coverage
§2:92 Specif‌ic PIP Benef‌its
§2:93 Limitation of Damages
§2:94 PIP Claims
§2:95 Assignment of PIP Claims
§2:96 Liability Coverage
§2:97 Uninsured Motorist/Underinsured Motorist Coverage
§2:98 Exclusion from Coverage
V. BRINGING THE ACTION
§2:110 Statute of Limitations
§2:111 Filing the Complaint
§2:112 Insurer Cannot Be Joined as a Third-Party Defendant
§2:113 Forum Non Conveniens
§2:114 Responding to Complaint
§2:115 Determining Insurance Coverage: Duty to Defend Versus Duty to Indemnify
§2:116 Duty to Defend Is Broad
§2:117 Death of a Party
VI. DEALING WITH INSURANCE COMPANIES
A. The Opponent’s Insurer
§2:130 Insurance Adjusters
§2:131 Reserves
§2:132 Notice Letters
§2:133 Timing for a Demand Letter
§2:134 The Amount of the Demand
§2:135 The Demand Letter
§2:136 Brochures and Videos
§2:137 Negotiations
B. The Client’s Insurer
§2:150 Uninsured/Underinsured Coverage
§2:151 Insurer’s Subrogation Rights
§2:152 Stacking Policies
§2:153 Personal Injury Protection (PIP)
C. Bad Faith
§2:160 Duty of Good Faith and Fair Dealing
§2:161 The Bad Faith Cause of Action
§2:162 Document Delays and Unfair Dealing
§2:163 Failure to Settle for Policy Limits
§2:164 When Representing Plaintiffs
§2:165 When Representing Defendants
§2:166 Punitive Damages Cannot Be Excessive
MOTOR VEHICLE
ACCIDENT CASES
2-3 Motor Vehicle Accident and Other Personal Injury Cases
VII. SETTLING THE CASE
A. Types of Settlements
§2:180 Cash (Lump Sum)
§2:181 Structured Settlements
§2:182 Tax Implications
B. Working with the Client
§2:190 Client’s Refusal to Settle
§2:191 Capacity and Authority
§2:192 Settlement with Minors or Incompetents
C. The Settlement Agreement
§2:200 Review the File and Procedures
§2:201 Settlement Agreement as a Contract
§2:202 Consideration
§2:203 Writing and Filing Requirements
§2:204 Mary Carter Agreements Are Void
§2:205 Release
D. Third Parties
§2:210 Subrogation Claims
§2:211 Tax Consequences
§2:212 Paying the Bills
VIII. DISCOVERY
§2:220 Comply with Requests You Receive
§2:221 Informal Discovery and Request for Disclosure
§2:222 Interrogatories, Production and Admissions
§2:223 Documents and Physical Exams
§2:224 Depositions
IX. ARBITRATION AND TRIAL
§2:230 Arbitration
§2:231 Trial Preparation
§2:232 Opening Statement
§2:233 The Physician as Witness
§2:234 Admission of Expert Testimony
§2:235 Evidence of Settlement Offers
§2:236 Post-Accident/Incident Surveillance Evidence
§2:237 Accident/Incident Surveillance Evidence
§2:238 Admissibility of a Traff‌ic Citation
§2:239 Perjury for Underreported Income
§2:240 Collateral Source Rule
§2:241 Closing Argument
§2:242 Verdict
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 to Continue Representation—No Insurance or Assets
Form 2:60 Declining Representation—No Personal Injury and Only Property Damage
Form 2:70 Declining Representation—No Liability
Form 2:80 Contract for Employment
Form 2:90 Statement of Client’s Rights
Form 2:100 Medical and Employment Records Release

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT