scholarly journals Tort Tactics: An Empirical Study of Personal Injury Litigation Strategies

2017 ◽  
Author(s):  
Richard Lewis
Keyword(s):  
Empirical Study ◽  
Personal Injury ◽  
Personal Injury Litigation

scholarly journals Tort tactics: an empirical study of personal injury litigation strategies

Legal Studies ◽  
2017 ◽  
Vol 37 (1) ◽  
pp. 162-185
Author(s):  
Richard Lewis
Keyword(s):  
Empirical Study ◽  
Cross Section ◽  
Compensation System ◽  
Personal Injury ◽  
Structured Interviews ◽  
Personal Injury Litigation ◽  
Qualitative Evidence ◽  
Negotiation Tactics ◽  
The Uk

This paper reveals some of the tactics that lawyers may use when conducting personal injury litigation. The research is empirically based by being drawn from structured interviews with a cross-section of practitioners. This qualitative evidence helps to place the rules of tort in a wider context and suggests that tactical considerations may affect the outcome of individual cases irrespective of their legal merits. A range of strategies are considered here to illustrate how they may be used at different points during the litigation. In addition, the paper updates our understanding of the compensation system by considering the practitioners' responses in the light of the major changes made to this area of practice in recent years. It reveals how negotiation tactics have developed since research in this area was last carried out. Overall, the paper adds to a very limited literature dealing with negotiation and settlement of personal injury claims in the UK.

Simplifying Personal Injury Litigation

The Lancet ◽  
1988 ◽  
Vol 331 (8596) ◽  
pp. 1236-1237 ◽  
Author(s):  
Diana Brahams
Keyword(s):  
Personal Injury ◽  
Personal Injury Litigation

scholarly journals Deducting collateral benefits from damages: principle and policy

Legal Studies ◽  
1998 ◽  
Vol 18 (1) ◽  
pp. 15-40 ◽  
Author(s):  
Richard Lewis
Keyword(s):  
Social Security ◽  
The State ◽  
Personal Injury ◽  
Policy Decisions ◽  
Insurance Law ◽  
Personal Injury Litigation ◽  
Important Policy ◽  
Accident Victim ◽  
The Law

Schemes for compensating injury which operate alongside each other call for important policy decisions to be made concerning their inter-relationship. Are they to take account of one another and, if so, to what extent? These issues can arise in a variety of contexts. Within particular regimes they are the concern, for example, of the overlapping benefit regulations in social security law and the rules relating to contribution in insurance law. However, the focus of this article is upon personal injury litigation. It examines the policy reasons which have been used to justify the different results reached by the law when faced with the problem of ‘collateral benefits’ received by an accident victim also seeking damages. Typically, these benefits are received from the state, or an employer, or an insurer.

Psychiatrists and personal injury litigation

1986 ◽  
Vol 143 (11) ◽  
pp. 1487b-1488
Keyword(s):  
Personal Injury ◽  
Personal Injury Litigation

The Pretrial Conference and Effective Justice: A Controlled Test in Personal Injury Litigation

1965 ◽  
Vol 64 (2) ◽  
pp. 372
Author(s):  
Edward H. Rabin ◽  
Maurice Rosenberg
Keyword(s):  
Personal Injury ◽  
Personal Injury Litigation

scholarly journals Proof and Evaluation of Pain and Suffering in Personal Injury Litigation

1962 ◽  
Vol 1962 (3) ◽  
pp. 344 ◽  
Author(s):  
Jack H. Olender
Keyword(s):  
Personal Injury ◽  
Personal Injury Litigation ◽  
Pain And Suffering

More Civil Wrongs: Personal Injury Litigation, 1901-1910

1990 ◽  
Vol 34 (3) ◽  
pp. 295 ◽  
Author(s):  
Lawrence M. Friedman ◽  
Thomas D. Russell
Keyword(s):  
Personal Injury ◽  
Personal Injury Litigation

On the interaction of disability and aging: Accelerated degradation models and their influence on projections of future care needs and costs for personal injury litigation

2009 ◽  
Vol 32 (5) ◽  
pp. 424-428 ◽  
Author(s):  
Keith C. Hayes ◽  
Dalton L. Wolfe ◽  
Steven A. Trujillo ◽  
Jacquelyn A. BurkelL
Keyword(s):  
Personal Injury ◽  
Care Needs ◽  
Accelerated Degradation ◽  
Personal Injury Litigation ◽  
Future Care ◽  
Degradation Models

The Misapplication of the Hedonic Damages Concept to Wrongful Death and Personal Injury Litigation: A Comment

1993 ◽  
Vol 6 (3) ◽  
pp. 273-275
Author(s):  
Thomas R. Ireland
Keyword(s):  
Personal Injury ◽  
Personal Injury Litigation ◽  
Wrongful Death

Abstract No abstract available.

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