Winning Your Personal Injury Claim

by
Edition: 3rd
Format: Paperback
Pub. Date: 2005-02-01
Publisher(s): Sourcebooks Inc
List Price: $24.95

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Summary

Winning Your Personal Injury Claim takes the mystery out of what to do after you or a loved one has been hurt. It gives you the precise instructions you need to settle with an insurance adjuster, handle the attorney for the other side and win a court battle.

Author Biography

Evan Aidman has been a Philadelphia trial lawyer since 1983 with a practice primarily in plaintiff's personal injury.

Table of Contents

Preface xi
Personal Injury Litigation-Then and Now
The Law is Dynamic
Sample Forms and Worksheets
Litigation Savvy
Introduction xvii
The Attorney
Injury Classification and Treatment
Damages
Demand Letter and Settlement
The Lawsuit
Discovery and Trial
Chapter 1: At the Scene of an Accident 1(16)
After an Accident
Car Accident Checklist
Fall-Down Accident Checklist
Emergency Room Treatment
Medical Treatment Worksheet
Beware of the Friendly Insurance Adjuster
Do Not Sign Anything
Remember the Deadline
Chapter 2: Handling Your Case Without a Lawyer 17(28)
Handling Your Claim
Sample Opening Letter to Insurance Company by Attorney
Sample Opening Letter to Defendant
Questions for Depositions, Statements, and Trial
Sample Medical Records Requests
Handling Your Lawsuit
Chapter 3: The Personal Injury Attorney and You 45(18)
Finding a Personal Injury Attorney
The Initial Consultation
Sample New Client Letter
The Attorney's Fee Agreement
Beware of Costs
Dissatisfaction with Attorneys
Changing Lawyers
Keeping Your Case Active
Chapter 4: Various Kinds of Injury Cases 63(20)
Injuries to Children
Fall-Down Accidents (Slip-and-Falls)
Dog Bites
Legal Malpractice
Food Poisoning Cases
Workers' Compensation
Social Security Disability
Products Liability
Intentional Injuries
Psychological Injuries
Chapter 5: Medical Malpractice 83(14)
Determining Whether You Have a Case
Hiring an Attorney
The Nuts and Bolts of a Medical Malpractice Case
The Fee Agreement
Getting Started
Expert Witnesses
Nuisance Value
Valuing the Claim
Settling the Claim
How to Help Your Attorney
The Medical Malpractice Crisis
Chapter 6: Special Medical Concerns 97(4)
Choosing Your Health-Care Provider
Physical Therapy
Good Injuries
Keeping Track of Your Treatment
Chapter 7: Damages 101(12)
Placing a Monetary Value on an Injury
Issues Affecting the Monetary Value
Injury Severity
Monetary Assessment
Chapter 8: The Settlement Process 113(20)
Settlement Demand Letter
Sample Settlement Demand Letters-Represented by Attorney
Settlement Offer
Settlement Strategy
Finalizing Settlement
Sample General Release
Alternate Dispute Resolution
Chapter 9: The Lawsuit Process 133(8)
Statutes of Limitations
Choice of Trials
Choice of Venue
Post-Filing Battles
Chapter 10: The Discovery Process 141(10)
Interrogatories and the Request for Production of Documents
Depositions
The Defense Medical Examination
Sample Client Letter: Defense Medical Examination
Chapter 11: The Trial 151(30)
Selecting the Jury
Opening Statements
Your Testimony
Medical Testimony
Damages
Causation
The Defense Case
Objections
Closing Argument
Jury Instructions and Deliberations
The Verdict
Posttrial Motions
The Appeal
Collecting from an Uninsured Defendant
Online Personal Injury Settlements
Chapter 12: Insurance Fraud and Other Problems 181(4)
Improper Insurance Practices
Ambulance Chasers
Glossary 185(10)
Appendix A: Sample Forms 195(70)
Appendix B: Checklists and Worksheets 265(14)
Index 279(4)
About the Author 283

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