marcus edward ellison introduction to torts– pa165

Marcus Edward Ellison

Introduction to Torts– PA165

PA 165 Unit 9 – Assignments

There are three graded assignments due this week.

Unit IX � Seminar (graded) - During this week's Seminar, we will discuss the different roles that paralegals play in tort case investigations.

Unit IX Short Paper (graded) � Write a paper explaining the difference between a negligence action and a strict liability action. Compare and contrast their elements and defenses. Provide specific examples of each to illustrate and explain the differences from a liability standpoint. Use the course text, electronic articles from the Kaplan University library, course seminars, and the website found in the "Strict/Absolute Products Liability" page from last week's Unit 8. Your paper should be 3-5 pages in length using 12 point Times New Roman font, double-spaced lines, and one-inch margins. Make sure to cite your sources using APA and Bluebook citation format. The document should be in a Microsoft Word 2003 or 2007 file format. Submit your paper to the Dropbox by the end of Unit 9.

Unit IX � Discussion Board Postings (graded) � There is one discussion thread this week, access the drop down box under the Unit IX discussion link to make your comments

The Importance of Tort Case Investigation• Paralegals are often actively involved in

investigating facts and circumstances surrounding tortious injury or death actions.

• Each attorney or law firm has its own specialized methods for conducting investigations.

• The tort trial team will adapt the investigation to fit the case.

• In litigation, details are important.

• Factual investigations are designed to shed light on liability and damages.

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Witness Interview Techniques and Questions• Witnesses will explain their accounts of the

circumstances before and after the accident, how the accident occurred, and the damages or injuries received by the people involved.

• Interviews may be recorded electronically, or written and signed for future use.

• Witnesses sometimes forget or change their testimony.

• Witnesses should be interviewed as soon as possible.

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Types of Questions

• Narrative questions• Closed-ended questions• Leading questions• Asking the witness to draw pictures

and diagrams


Client Interview Techniques• Some firms have a client fill out an

initial information questionnaire that is specifically designed to gather the information needed for a personal injury case.

• Other firms use a more informal contact with the witness, having the paralegal or attorney greet the clients and interview them in person.

• It is always important to put the client at ease.


Client Interview Techniques (cont.)• Remember that, for many clients, the

injury claim represents the first time they have been in an attorney’s office.

• Clients are sometimes more comfortable speaking with the paralegal than the attorney.


Determining and Locating Witnesses and Defendants•Discovery is the phase in a lawsuit

when information is exchanged between the parties. Discovery is occasionally used to uncover information about unknown defendants and witnesses.

• Documents obtained by the paralegal might be a source of information regarding possible witnesses and defendants.


Other Means of Determining and Locating Possible Witnesses and Defendants

• Examination before trial (depositions)• Written interrogatories• Notice to admit• Request for documents• Physical or mental examination• Permission to enter land


Use Caution When Naming Parties

• Paralegals must be certain to have the correct parties before filing a lawsuit.

• If one sues the wrong person or fails to name a proper defendant, serious problems may arise.

• The paralegal should check all available resources to ensure that the correct individual or business entity is being identified.


Tools Available for Information on Possible Defendants

• Telephone calls to uncover details about possible defendants.

• The Internet—a valuable source of information on companies and corporations, and a resource for other valuable information.

• Obtain information about corporations and partnerships from state secretaries of states’ offices, business directories, and public business records.


Tools Available for Information on Possible Defendants• Many jurisdictions require that partnerships and

individuals doing business under a trade name or fictitious name file a “doing business as” (d/b/a) certificate or affidavit with an appropriate governmental agency.

• Freedom of Information Act

• Most states have a central department or agency that oversees and regulates businesses, such as a Department of Licensing and Regulation.


Documenting the Scene

• Obtain visual documentation, measurements, and other details.

• Know the evidentiary rules for your jurisdiction.

• Use proper evidentiary form.• Use video and computer technologies

where appropriate.


Public and Private Sector Resources• Local government agencies

• Newspapers

• Television and radio news reports

• Computerized databases, such as for driving records, driver information, driver’s licenses, vehicle registration, credit reports, criminal history, public records, bankruptcy filings, civil lawsuits, assets, and other financial information

• Copies of police reports, criminal records, trial transcripts, exhibits used in criminal trials, recordings of emergency phone calls, floor plans, map of the area, crime statistics


Additional Areas to Investigate

• Employments and lost wages• Expenses related to injury• Insurance coverage, including policy

limits, and other benefits• Previous claims or lawsuits of plaintiff• No-fault automobile insurance


Additional Areas to Investigate (cont.)

• Police accident reports• Precious injuries to plaintiff• The parties’ criminal histories• Driving records


Automobile Accident Cases

• An automobile accident involving injury usually requires a straightforward investigation.

• The trial team needs to know who and what caused the accident and what damages were suffered.

• If there is a possibility of a mechanical malfunction, more extensive inquiry will be required.

• Dangerous street conditions will require additional investigation.

• If the accident was at a construction site, an inquiry as to conditions will be required.


Medical Negligence Cases• Medical malpractice cases can be quite complex and costly.

• Paralegals will want to find out about any doctors (and other health care professionals) involved, their qualifications and training, and whether they have been the subject of previous lawsuits or complaints.

• Information may have to be obtained from hospitals, nursing homes, retirement centers, and rehabilitation hospitals.

• Check the various specifications and standards for health care providers (set by governmental agencies, professional organizations, and licensing boards).
