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Originally created for personal injury law firm clients, this Personal Injury Journal was designed by Jamie Davis Whitmer (a litigation paralegal) as a tool to potentially increase the value of Plaintiffs' pain and suffering damages by logging and utilizing the power of specifics to help better portray the injured client as an individual instead of another set of medical records to feed into Colossus. The injured person should mark their pain on the pain diagrams on the left side of the book and then complete the prompts on the right side of the page that include the following topics: Doctor/Facility visited today; Treatments given / tests or future treatments ordered; How are you feeling today? How did your injuries affect your job today? Did your injuries affect your household duties or family life today? Did you miss any events/social activities today because of your injuries? Did you incur any costs today that were accident related? Other notes/things to do related to the accident. Besides the pain and suffering aspect, the journals also give the injured person a tool to keep track of all their doctors and note when they finish treatment.
Lanier's Texas Personal Injury Forms book, written by renowned personal injury attorney Mark Lanier of the Lanier Law Firm, will guide you through your entire PI case, soup to nuts. The chapters include: New Client/Initial Intake Pre-Litigation Personal Injury Protection (PIP) Benefits and Uninsured/Underinsured Motorist Petitions Pending Litigation Discovery Motions Arbitration and Mediation Trial Settlement and Post-trial
Focuses on litigation damages, economic and non-economic, including punitive damages; their definitions, calculations, and assignments in the US and EU. This book examines areas of convergence and divergence in the academic and practical treatment of damages issues in the US and EU.
An Introduction to Health and Safety Law provides a clear, concise overview of health and safety law in the United Kingdom. With reference to the European Union, this book discusses criminal and civil liability at length to provide a clear understanding of this area of law which has been subject to change over the 20 years. Key case studies and statistical information on prosecutions, fines and enforcement notices help to contextualise health and safety law to provide students and professionals with a full understanding of health and safety law in the UK. This book includes chapters on: the legal framework criminal liability enforcement of criminal liability civil liability civil remedy subordinate legislation. This book is an essential reference for students studying towards NEBOSH qualifications and students studying at university level. It provides a comprehensive understanding of UK health and safety law and will be a useful reference when entering the professional field.
This book is the one place to find unprecedented access to case-law, doctrinal debates and comparative reflections on vicarious liability from across the common law world. The doctrine of vicarious liability, that is strict liability for the torts of others, represents one of the most controversial areas of tort law. Unsurprisingly it is a doctrine that has been discussed in the highest courts of common law jurisdictions. This collection responds to uncertainties as to the operation of vicarious liability in twenty-first century tort law by looking at key common law jurisdictions and asking expert scholars to set out and critically analyse the law, identifying factors influencing change and the extent to which case-law from other common law jurisdictions has been influential. The jurisdictions covered include Canada, England and Wales, Australia, Singapore, Ireland, Hong Kong and New Zealand. In providing critical analysis of this important topic, it will be essential and compelling reading for all scholars of tort law and practitioners working in this field.
The focus of the essays in this book is on the relationship between compensation culture, social values and tort damages for personal injuries. A central concern of the public and political perception of personal injuries claims is the high cost of tort claims to society, reflected in insurance premiums, often accompanied by an assumption that tort law and practice is flawed and improperly raising such costs. The aims of this collection are to first clarify the relationship between tort damages for personal injuries and the social values that the law seeks to reflect and to balance, then to critically assess tort reforms, including both proposals for reform and actual implemented reforms, in light of how they advance or hinder those values. Reforms of substantive and procedural law in respect of personal injury damages are analysed, with perspectives from England and Wales, Canada, Australia, Ireland and continental Europe. The essays offer valuable insights to anyone interested in the reform of tort law or the tort process in respect of personal injuries.
In this book, articles by leading tort scholars from Australia, Canada, Hong Kong, Israel, New Zealand, the United Kingdom and the United States deal with important theoretical and practical issues that are emerging in the law of torts. The articles analyse recent leading developments in areas such as economic negligence, causation, vicarious liability, non-delegable duty, breach of statutory duty, intentional torts, damages, and tort law in the family. They provide a foretaste of the issues that will face tort law in the near future and offer critical viewpoints that should not go unheeded. With its rich breadth of contributors and topics, Emerging Issues in Tort Law will be highly useful to lawyers, judges and academics across the common law world. Contributors: Elizabeth Adjin-Tettey, Kumaralingam Amirthalingam, Peter Benson, Vaughan Black, Peter Cane, Erika Chamberlain, Israel Gilead, Paula Giliker, Rick Glofcheski, Lewis N Klar QC, Michael A Jones, Richard Lewis, John Murphy, Jason W Neyers, Ken Oliphant, David F Partlett, Stephen GA Pitel, Denise Reaume, Robert H Stevens, Andrew Tettenborn, Stephen Todd, Shauna van Praagh, Stephen Waddams, David R Wingfield, Richard W Wright.
First Published in 2011. Routledge is an imprint of Taylor & Francis, an informa company.
This second volume examines laws relating to the civil liabilities of corporations and states in connection with torts or other breaches of international law and human rights law. It illustrates how particular legal principles or rules can be applied or developed to promote corporate accountability, with legal duties that arise under tort law or statutory law. Businesses operate within particular legal regulatory regimes and also within the framework of obligations imposed in tort law. Such laws aim to shape or constrain behaviour for the protection of others in society. There are also environmental protection laws which aim to prevent the release of noxious or hazardous substances, and occupational health and safety laws for the protection of employees. The law of negligence in tort imposes general obligations on persons to take reasonable care to prevent harm to others in circumstances where there is a duty of care. Companies, as legal persons, are required to comply with such legal obligations. The book looks at the role of courts in upholding human rights obligations and providing a forum to resolve corporate human rights abuses issues. If the state does not regulate a specific issue of corporate human rights violations, then the court will address any lacuna in the domestic law by having recourse to (I) rules of international law; (II) general principles of international human rights law; (III) general principles of human rights law common to the major legal systems of the world; (IV) general principles of law that is in agreement with the fundamental requirements of rule of law, and the protection of human dignity and justice; and (V) the general principle of a duty of care (tort of negligence). The book will help lawyers, scholars, and students to see how corporate human rights violations can involve multiple legal principles.