MSU Moorhead
TITLE:
Personal Injury Law (PARA 435) 1. To learn the substance and procedure of personal injury litigation. To develop skills in the collection and evaluation of medical and other records for the preparation and development of personal injury litigation. To prepare a settlement proposal brochure based on the facts and records in a hypothetical case. To understand various theories of personal injury law, including negligence, products liability, strict liability, and insurance.
OBJECTIVES:
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4.
CREDITS: INSTRUCTION: EVALUATION: OUTLINE:
3 semester credit hours Lecture; small group work on hypothetical cases Tests; project in development of settlement brochure
Time I. Introduction and general considerations A. Torts B. Products Liability C. Personal Injury Principles of negligence and other theories of liability A. Standard of conduct B. Proof of negligence C. Proximate cause D. Contributory/comparative negligence E. Assumption of risk F. Last clear chance Damages A. Causation B. Burden of proof 5 hours
II.
5 hours
III.
5 hours
C. D. E. F. G. H. I. J. K. L. IV.
Compensatory damages Punitive damages Medical expenses Loss of productive time Pain, discomfort, and mental anguish Permanent disability Aggravated injury Death damages Life expectancy Reduction to present value 4 hours
Medical terminology A. Overview of common health conditions encountered in personal injury law practice B. Diagnostic tests, treatment methods, and classification of medications Processing medical records and reports A. Medical research B. Reviewing and summarizing medical records C. Medical client interviews D. Obtaining medical records and reports Principles of insurance loss A. Selection and control of risks B. Reading an insurance contract C. Risk of loss incurred D. Liability insurance E. Duty to defend and indemnify F. Excess liability No-fault insurance A. Right to benefits B. Exclusions from coverage C. Payment of no-fault benefits D. Definition of no-fault benefits E. Indemnity and subrogation F. Choice of law Processing personal injury claims A. Screening clients B. Initial client interview C. Setting up and maintaining files D. Preliminary discovery E. Preliminary investigation F. Subsequent client contacts
V.
5 hours
VI.
5 hours
VII.
4 hours
VIII.
8 hours
G. H. I. J. K. L. M. N. IX.
Damages Obtaining medical expenses Obtaining wage loss information Obtaining property damage Calculating medical expenses Calculating wage loss Collecting insurance benefits Preparing settlement demands and brochures 4 hours
Review and coordination of the above topics