Personal Injury & Tort Law
Week 1
Class Overview
Review Greensheet
Course Studio
Class website
3
Personal Injury Litigation
Tort Law
Litigation
Insurance Law
4
P.I. Cases
A lawsuit (or potential lawsuit) resulting from
injuries caused by the tort of another.
Compare: Workers’ Compensation
5
Parties and Attorneys
Plaintiff
Defendant  (Tortfeasor)
Plaintiffs Attorneys
Defense Attorneys
6
TORT
Civil wrong resulting in injury for which victim
receives compensation in form of money
damages
Injury
 Personal (physical/mental)
 property--real, personal, intellectual
 reputation
7
TORT CATEGORIES
Intentional
 requires intent
Negligence
 violation of “reasonable person standard”
Strict Liability
 liability without fault
 public interest
8
Sources of Tort Law
Statutes
Case Law
9
Tort vs. Crime
Act--may be the same
Purpose
Standard of Proof
Interest violated
Procedural rules
10
Tort vs. Contract
Contract = Agreement
Tort = Obligation imposed by law
11
Overview of Tort Case
 Investigation & Research (facts & law)
 Settlement efforts--demand letter
 complaint filed
 answer/response filed
 cross-complaints/answers
 discovery
 trial
 post trial proceedings
12
Preliminary Considerations
Read chapters 3 & 4 in Nolo Press text
13
Preliminary Considerations
 Fee Arrangements
 Contingent fee: fee v. costs
 Statutory limits: Minors, Medical Mal.
 Requirement of writing
 http://www.calbar.ca.gov/Attorneys/Forms.aspx
 Investigation
 Photos of scene/autos/plaintiff
 Witness interviews & statements
 Police reports
 Identity of all defendants
14
Resources
Go to class website
www.deanza.edu/faculty/hames
Access folder for “civil litigation”
Access folder for California Supplement
Go to Part 2—read chapter 3
15
Preliminary Considerations, cont.
Defendant—public entity
 Law & Form: http://www.vcgcb.ca.gov/claims/ (read information on site)
 Under 10K and Caltrans—file with them
Notify defendant/insurance
Advice to plaintiff
Necessity of medical liens
16
Preliminary considerations
The uninsured/underinsured defendant
 http://www.youtube.com/watch?v=ZaBwP9owNyk
U.M. cases
 Arbitration
An Interesting Web site:
http://blogs.findlaw.com/injured/
17
Insurance
 Automobile
 Homeowners/Personal Liability
 Product
 Errors and Omissions
 Umbrella Policies
 Resource:
 http://www.insurance.ca.gov/0100-consumers/0060-informationguides/0010-automobile/Auto-insurance-101.cfm
18
Automobile Insurance
Liability
Medical Payments (Med pay)
Comprehensive
Collision
Uninsured Motorist (U.M.)
Underinsured Motorist
19
Plaintiff’s insurance
Fault vs. No-Fault provisions
Subrogation rights of no-fault provisions
20
Bad Faith Claims
Intentional Tort
If insurance carrier unreasonably delays
payment on policy
If insurance carrier acts unconscionably toward
insured
Carrier engages in unfair claims practices
21
Bad Faith
First Party vs. Third Party claims
Failure to pay claim within policy limits
22
Avoiding Bad Faith by Carrier
Reservation of rights
Declaratory Relief Action
23
Medical Records v. Report
Records—Doctor or Hospital notes
Report—Specially prepared by M.D. for purpose
of litigation—contains prognosis and diagnosis ;
Fee is charged for preparation
24
Tort Liability—Cal. Civ. Code
1714. (a) Every one is responsible, not
only for the result of his willful acts, but
also for an injury occasioned to
another by his want of ordinary care or
skill in the management of his property
or person, except so far as the latter
has, willfully or by want of ordinary
care, brought the injury upon himself.
The extent of liability in such cases is
defined by the Title on Compensatory