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不法行為訴訟における損害賠償

Damages in Tort Actions

Robert L. Conason, Paul M. Deutsch, Frederick A. Raffa

11 vols. Looseleaf. 1982 to date.(追録年2回)

Matthew Bender. ISBN: 9780820513096

¥934,178

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個人傷害、財産損害、不法死亡など、不法行為に対する懲罰的賠償について、陪審審理も含めた公判の準備と進行のテクニックを解説。各州判例への注釈や訴訟関連文書も豊富に収録しています。

*傷害 *心理的被害 *医療費 *所得能力と逸失利益 *出生前傷害 *Collateral source doctrine *証拠 *寄与 *免責 *誹謗 *陪審説示 *専門家証拠 *無過失責任 *過失相殺、等

【Table of Contents】

Pt. I TYPES OF DAMAGES

Ch. 1 Damages in General

Ch. 2 Nominal Damages

Ch. 3 Compensatory Damages In General

Pt. II SPECIFIC LOSSES

Ch. 4 Pain and Suffering

Ch. 5 Negligent Infliction of Emotional Distress

Ch. 6 Intentional Infliction of Emotional Distress

Ch. 7 Mishandling of Dead Bodies

Ch. 8 Loss of Enjoyment of Life

Ch. 9 Cost of Medical Treatment, Nursing Care, and Related Expenses

Ch. 10 Loss of Time or Earnings and Impairment of Earning Capacity

Ch. 11 Third Pt.y Interference with Familial Relationships

Ch. 12 Permanent Injury

Ch. 13 Increased Likelihood of Illness and/or Disability and Related Anxiety

Pt. III SPECIAL ISSUES

Ch. 15 Aggravation of Injury

Ch. 16 Mitigation of Damages

Ch. 17 The Collateral Source Rule

Ch. 18 Prenatal Injuries-- Wrongful Pregnancy, Wrongful Birth, and Wrongful Life

Ch. 19 SPOLIATION OF EVIDENCE

Pt. IV WRONGFUL DEATH AND SURVIVAL ACTIONS

Ch. 20 Wrongful Death and Survival Actions--An Overview

Ch. 21 Survival Actions

Ch. 22 Wrongful Death Actions--Loss to Beneficiaries

Ch. 23 Wrongful Death Actions--Loss to Estate

Ch. 24 Death of a Minor Child

Ch. 25 [Reserved]

Ch. 26 Wrongful Death of an Unborn Child

Ch. 27 Loss of a Chance of Survival

Ch. 28 Procedural and Related Matters Associated With Death Actions

Pt. IV WRONGFUL DEATH AND SURVIVAL ACTIONS

Ch. 29 Wrongful Death Statutes by Jurisdiction

Pt. V EVIDENTIARY ISSUES

Ch. 30 Reference to the Amount Sought

Ch. 31 Evidence of Family Circumstances of Litigants

Ch. 32 References to the Financial Status of Litigants

Ch. 33 Damages Questionnaire

Ch.s 34 and 35 [Reserved]

Ch. 36 Life and Work Expectancy--Use of Mortality Tables

Pt. VI PERSONAL PROPERTY

Ch. 37 Damages to and Destruction of Personal Property

Pt. VII INFLATION, TAXES, AND INTEREST

Ch. 38 Inflation and Reduction to Present Value

Ch. 38A Tax Consequences in Personal Injury Actions

Ch. 39 Interest

Pt. VIII PUNITIVE DAMAGES

Ch. 40 Punitive Damages

Pt. IX USING EVIDENCE AT TRIAL

Ch. 41 Expert Testimony

Ch. 42 Demonstrative Evidence

Ch. 43 Documentary Evidence

Pt. X INVASION OF PRIVACY AND DEFAMATION

Ch. 44 Invasion of Privacy

Ch. 45 Damages in Defamation Actions

Pt. XI FEDERAL LAW

Ch. 46 Damages Under Federal Statutes

Pt. XII ISSUES AFFECTING RECOVERY

Ch. 47 No-Fault Automobile Insurance

Ch. 48 Comparative Negligence

Ch. 49 Contribution

Ch. 50 Indemnity

Ch. 51 Releases

Ch. 52 Guaranteed Verdict Agreements

Ch. 53 Jury Instructions

Pt. XIII JURY INSTRUCTIONS

Ch.s 54 through 58 [Reserved]

Pt. XIV ILLUSTRATIVE AWARDS AND SETTLEMENTS

Ch. 59 Illustrative Awards and Settlements

Ch.s 60 through 69 [Reserved]

Pt. XV PRETRIAL CONSIDERATIONS

Ch. 70 Interview and Retainer

Ch. 71 Initiation of the Suit

Ch. 72 Discovery

Ch. 73 The Physical Examination of the Plaintiff

Ch. 74 [Reserved]

Ch. 75 Evaluation and Investigation

Ch. 76 Medical Facts and Records

Ch. 77 Punitive Damages

Ch.s 78 and 79 [Reserved]

Ch. 80 Maximizing Recovery in the Small Personal Injury Case

Ch. 81 Settlement Techniques

Ch. 82 Settlements Via Periodic Payments: ''Structured Settlements''

Pt. XV SETTLEMENT AGREEMENT AND RELEASE

Appendix III: SETTLEMENT AGREEMENT AND RELEASE

Pt. XV PRETRIAL CONSIDERATIONS

Appendix IV: SETTLEMENT AGREEMENT AND RELEASE

Ch. 83 Structured Settlements--The Plaintiff's View

Ch. 84 Structured Settlements: The Defendant's View

Ch.s 85 and 86 [Reserved]

Ch. 87 Demonstrative and Documentary Evidence

Ch. 88 Expert and Lay Witnesses

Ch.s 89 and 90 [Reserved]

Pt. XVI TRIAL CONSIDERATIONS

Ch. 91 The Trial

Ch. 92 Jury Selection

Ch. 93 Opening Statement

Ch. 94 Direct Examination of the Plaintiff and Family Members

Ch. 95 Direct Examination of Expert Witnesses

Ch. 96 Cross-Examination

Pt. XVII EXPERT DAMAGE WITNESSES

Ch. 97 Summation

Ch.s 98 and 99 [Reserved]

Ch. 100 Expert Damage Witnesses: Introduction

Ch. 101 Selecting the Expert Damage Witness: Rehabilitation

Ch. 101A Daubert vs. Merrill Dow: Implications for the Life Care Planner

Ch. 102 Selecting the Expert Damage Witness: The Economist

Pt. XVIII VOCATIONAL REHABILITATION

Ch. 103 The Vocational Rehabilitation Evaluation: Individuals with an Established Work History

Ch. 104 Assessing Vocational Handicaps and Transferable Skills

Ch. 105 The Vocational Rehabilitation Evaluation: Individuals with a Limited or Nonexistant Work History--Age ...

Ch. 106 CATASTROPHIC INJURIES: INTRODUCTION TO LIFE CARE PLANNING

Pt. XIX ECONOMIC LOSS

Ch. 107 Assessing Future Costs in Catastrophic Injuries: The Economist's Role

Ch. 107A Life Expectancy in Catastrophic Disability

Ch. 108 Future Projections and Reduction to Present Value

Ch. 109 The Evaluation of Economic Loss (Diminution of Earning Capacity)--Rehabilitation

Ch. 110 Evaluating the Diminution of An Individual's Earning Capacity: The Economist's Role

Ch. 111 The Evaluation of Economic Loss in Wrongful Death

Pt. XX USING THE EXPERT DAMAGE WITNESS IN LITIGATION

Ch. 112 Courtroom Procedures and Techniques: Rehabilitation

Ch. 112A Facilitating the Rehabilitation Evaluation: Questions for Deposition

Ch. 113 Courtroom Techniques: The Economist

Ch. 114 Case Reviews: Non-Catastrophic

Ch. 115 Case Review: Non-Catastrophic--The Elderly in the Labor Market

Ch. 116 Case Review--Wrongful Death

Ch. 117 Case Review--Catastrophic

Ch. 118 Attorney Commentary: The Economist in Personal Injury Litigation

Ch. 119 Evaluating the Loss of Household Services

Pt. XXI STRUCTURED SETTLEMENTS

Ch. 120 Structured Settlements

Pt. XXII OTHER ECONOMIC LOSS ISSUES

Ch. 121 Economic Loss Bibliography

Ch. 122 Glossary and Sources of Economic Data

Ch. 123 Collateral Sources

Ch. 124 Economic Evaluation of the Loss of Enjoyment of Life--Hedonic Damages

Pt. XXIII MEDICAL INJURIES

Ch. 125 Back and Neck Injuries

Ch. 126 LIFE CARE PLANNING FOR SPINAL CORD INJURY

Ch. 126A Post-Traumatic Epilepsy

Ch. 127 Extremity Impairments

Ch. 128 Amputations

Ch. 129 Arthritis and Rheumatic Diseases

Ch. 129A Psychological and Dental Influences in Temporomandibular Joint Syndrome

Ch. 130 Hernias

Ch. 131 Cardiovascular Impairments

Ch. 132 Pulmonary Impairments

Ch. 133 Central Nervous System Impairments: Brain Injury

Ch. 133A Electronic Thermography: Its Use in Neuromuscular Disorders and in Reflex Sympathetic Dystrophy

Ch. 133B Interviewing the Head-Injured Client and Family Members: Questions for History-Taking and Deposition

Ch. 133C Neuropsychological Testing, Scoring, Analysis and Interpretation

Ch. 133D Mild Brain Injury: Causes, Damages, Diagnosis and Treatment

Ch. 134 Impairments of the Special Senses

Ch. 134A Hearing Impairment

Ch. 134B The Technology of Augmentative and Alternative Communication

Ch. 135 Psychological Disorders and Adaptation to Disability

Ch. 136 Chronic Pain

Ch. 137 Burns

Ch. 137A SOLID ORGAN TRANSPLANTATION

Ch. 138 Ventilator Dependency

Ch. 139 Acquired Immune Deficiency

Ch. 139A AIDS and Oral Health

Pt. XXIV DISABILITY AND ACCESSIBILITY

Ch. 140 Americans With Disabilities Act

Ch. 141 Accessibility a Key Factor in the Rehabilitation Plan

Pt. XXV GOE WORK GROUPS

Appendix Guide: Guide to Appendixes

Appendix I: GOE WORK GROUPS

Appendix I-A: MASTER LIST OF SKILLS AND ABILITIES

Appendix I-B: Scope

Appendix I-C: Environmental Conditions

Appendix I-D: Mathematical Development and Language Development (Training Time)

Appendix I-E: Specific Vocational Preparation (Training Time)

Appendix I-F: Occupational Aptitude Patterns

Appendix I-G: Definitions of Interest Factors

Pt. XXVI DEPOSING INJURED Pt.IES

Appendix II: Questions for Deposing the Injured Pt.y

Appendix II-A: PAUL M. DEUTSCH & ASSOCIATES, P.A. CLINICAL INTERVIEW & HISTORY FOR CHRONIC PAIN/CHRONIC DISABILITY

Appendix II-B: PAUL M. DEUTSCH & ASSOCIATES, P.A. CLINICAL INTERVIEW & HISTORY FOR HEAD AND SPINAL CORD INJURY

Appendix II-C: PAUL M. DEUTSCH & ASSOCIATES, P.A. CLINICAL INTERVIEW & HISTORY FOR PEDIATRICS