Recovery for Wrongful Death PDF Download

Author: Stuart M. Speiser
Publisher:
ISBN:
Category : Damages
Languages : en
Pages :

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Author: Léon Bing
Publisher: Villard
ISBN:
Category : Current Events
Languages : en
Pages : 312

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Book Description
Presents the case of a teenage girl admitted to a mental health clinic and discusses how the clinic personnel mishandled her diagnosis and treatment which led to the patient committing suicide.

Author: Harold Luntz
Publisher:
ISBN: 9780409322934
Category : Damages
Languages : en
Pages : 0

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Book Description
A revised and updated version of chapter one of the 4th edition of Harold Luntz's esteemed ASSESSMENT OF DAMAGES FOR PERSONAL INJURY AND DEATH, this text will provide the reader with comprehensive commentary on the general principles of damages for personal injury and death and developments in this area.

Author:
Publisher: University of Washington Press
ISBN: 0295804963
Category : History
Languages : en
Pages : 271

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Book Description
This collection presents and analyzes inquest records that tell the stories of ordinary Korean people under the Choson court (1392-1910). Extending the study of this period, usually limited to elites, into the realm of everyday life, each inquest record includes a detailed postmortem examination and features testimony from everyone directly or indirectly related to the incident. The result is an amazingly vivid, colloquial account of the vibrant, multifaceted sociocultural and legal culture of early modern Korea.

Author: James S. Liebman
Publisher: Columbia University Press
ISBN: 0231167237
Category : Law
Languages : en
Pages : 448

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In 1989, Texas executed Carlos DeLuna, a poor Hispanic man with childlike intelligence, for the murder of Wanda Lopez, a convenience store clerk. His execution passed unnoticed for years until a team of Columbia Law School faculty and students almost accidentally chose to investigate his case and found that DeLuna almost certainly was innocent. They discovered that no one had cared enough about either the defendant or the victim to make sure the real perpetrator was found. Everything that could go wrong in a criminal case did. This book documents DeLunaÕs conviction, which was based on a single, nighttime, cross-ethnic eyewitness identification with no corroborating forensic evidence. At his trial, DeLunaÕs defense, that another man named Carlos had committed the crime, was not taken seriously. The lead prosecutor told the jury that the other Carlos, Carlos Hernandez, was a ÒphantomÓ of DeLunaÕs imagination. In upholding the death penalty on appeal, both the state and federal courts concluded the same thing: Carlos Hernandez did not exist. The evidence the Columbia team uncovered reveals that Hernandez not only existed but was well known to the police and prosecutors. He had a long history of violent crimes similar to the one for which DeLuna was executed. Families of both Carloses mistook photos of each for the other, and HernandezÕs violence continued after DeLuna was put to death. This book and its website (thewrongcarlos.net) reproduce law-enforcement, crime lab, lawyer, court, social service, media, and witness records, as well as court transcripts, photographs, radio traffic, and audio and videotaped interviews, documenting one of the most comprehensive investigations into a criminal case in U.S. history. The result is eye-opening yet may not be unusual. Faulty eyewitness testimony, shoddy legal representation, and prosecutorial misfeasance continue to put innocent people at risk of execution. The principal investigators conclude with novel suggestions for improving accuracy among the police, prosecutors, forensic scientists, and judges.

Author: Stuart M. Speiser
Publisher:
ISBN:
Category : Forensic economics
Languages : en
Pages :

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Author: Gary L. Wickert
Publisher: Juris Publishing, Inc.
ISBN: 1578233631
Category : Law
Languages : en
Pages : 1616

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Workers' compensation subrogation continues to change and adapt, as trial lawyers prod its weak points and capitalize on confusing areas of the law. There have been numerous changes in workers' compensation statutes and case law in many states since the last edition. This edition includes an exhausting survey and detailed explanation of the crazy status of employer contribution in Illinois, which includes a step-by-step exposition of how contractual indemnity and the "Kotecki cap" play a role in expanded employer liability in Illinois workers' compensation subrogation cases. It covers the many nuances of Naig and Reverse-Naig settlements under Minnesota law, including an analysis of who has what burdens of proof and the effect such a settlement has on the remaining third-party case tried to a jury. In light of the landmark Missouri Court of Appeals decision in Robinson v. Hooker, the liability of co-employees in Missouri and surrounding states have been covered in greater detail. The concept of co-employee liability for acts which are intentional or committed outside of the course and scope of employment has been added in several states. New case law and explanations were added to the Texas chapter with regard to subrogating against UM/UIM policies, including arguments with regard to the efficacy of UM/UIM exclusionary policy language and the ability to subrogate against a UM/UIM policy actually issued by the same carrier insuring for workers' compensation coverage. West Virginia completely revised their subrogation statute and created a new statute relating to the "statutory employer" status of primary contractors and subcontractors on construction sites, limiting when and how primary contractors can become legitimate third parties for purposes of subrogation. Chapter 7, "Contractual Limitations to Subrogation" has been completely overhauled to include new statutes and case law for every state to assist practitioners in determining the law applicable when there is an alleged applicable waiver of subrogation which might otherwise destroy subrogation. A new Chapter 12 has been added, which focuses on jurisdiction of workers' compensation third-party actions taking a broad look at 28 U.S.C. § 1441, which prohibits removal of cases "arising under" state workers' compensation laws. A carrier now has the ability to prevent cases from being removed from favorable venues in state court to less favorable federal court venues - an attractive option for plaintiffs' attorneys with whom subrogated carriers can negotiate with for stipulations and concessions on their subrogation interests in exchange for maintaining a case in state court. This edition also expands on which states do and do not hold workers' compensation to be primary. Combined with more than 100 new case decisions, this Fifth Edition is the most complete and up-to-date edition yet. Workers' Compensation Subrogation is the most complete and thorough treatise covering workers' compensation subrogation ever published. There are very few areas in which the laws of each state vary more and are applied as differently, then in the area of workers' compensation subrogation. This book is intended to introduce the workers' compensation claims handler, in-house counsel, and subrogation professionals to some of the more esoteric and complex subrogation issues encountered in today's workers' compensation insurance subrogation marketplace. It covers the following issues in all 50 states: • Allocating Third Party Recoveries • Attorney's Fees • Borrowed Servant Doctrine • Conversion of Workers' Compensation Liens • Costs and Expenses • Dual Capacity Doctrine • Equitable Subrogation/Contribution • Exclusivity Rule Barring Action Against Employer • How To Calculate Your Credit/Advance and How It Is Applied In Each State • Intentional Acts • Joint Ventures • Made Whole Doctrine As Applied To Workers' Compensation Subrogation • Necessity of Intervention • Lien Reduction Statutes • Staff Leasing Services and Temporary Employment Agencies • Statutory Subrogation Rights • Subrogating Against UM/UIM Benefits • Subrogating In Medical Malpractice Cases • Subrogating In Legal Malpractice Cases • Waivers of Subrogation • Who Qualifies As A Third Party • Other Workers' Compensation Subrogation-Related Issues In addition to being an excellent primer on workers' compensation subrogation, suitable for both the new subrogation professional and the seasoned veteran, the book also contains a detailed synopsis of the workers' compensation subrogation laws in each of the 50 states. It is a must for anyone with multi-state subrogation responsibilities. Complete with diagrams, references and thousands of footnotes, this is the most ambitious workers' compensation subrogation project ever undertaken. The following issues and topics are covered in detail for each of the 50 states: Statutory Subrogation Rights • Identifies the statutory authority for workers' compensation subrogation in that state. • Discusses the purpose/legislative intent of the statute. • Is an election necessary by the worker? • Who can bring a third party action (plaintiff, carrier, employer, or all of the above)? • When and must a third party action be brought? • What are the rights of a carrier to intervene in an existing third party action filed by a worker? • Will a worker's compensation carrier's subrogation interest be barred if not brought timely? Third Parties • Who can be sued as third parties in a third party action? • Can a co-employee be sued and under what circumstances? • Can an uninsured/underinsured carrier be a "third party" under the laws of that state? • Is there a dual capacity or borrowed servant doctrine which somehow affects the ability of a worker's compensation carrier to effectively subrogate? • What is the state's workers' compensation bar? • Are there any specific restrictions regarding subrogation against a subcontractor or an employee of a subcontractor in a construction situation? • Under what circumstances can the employer be sued? • Can a carrier subrogate to the benefits of a recovery in a legal or medical malpractice action? Allocation of Third Party Recovery • How and when does the carrier recover its subrogated interest? • Does the carrier recover past benefits only or also the present value of future benefits which it owes under the Workers' Compensation Act of that state? • Is there a formula used to determine how a third party recovery is allocated? • What happens to the total recovery and how is it applied? • Can a carrier recover benefits paid by a third party or recovered in a third party action which relate to loss of consortium, or non-economic damages such as pain and suffering, mental anguish, or punitive damages? • Does the employer's negligence reduce the recovery by the worker or carrier? Attorneys' Fees/Costs • Can the plaintiff's attorney recover attorneys' fees and/or costs out of the carrier's subrogated recovery and under what circumstances? • How are attorneys' fees and costs handled if the carrier is also represented by subrogation counsel, intervenes into the third party action and actively represents its interest? • What if the carrier isn't represented? • Can a plaintiff's attorney recover attorneys' fees based on the value of past benefits only or will he be able to recover attorneys' fees based on the future benefits/credit recovered by the carrier? • Must a carrier bear its proportionate share of expenses as many states require, and what does that really mean? Credit/Advance • Can a carrier take a vacation from paying workers' compensation benefits once a worker makes a third party recovery? • How is the credit calculated under state law? • Does the carrier have to do anything special to obtain the credit, such as filing with the Workers' Compensation Commission? • Does the carrier get a credit toward future compensation benefits it owes or does it actually get to collect the present value of the future benefits it owes and still be obligated to pay the scheduled benefits in the future? Statutes of Limitation • What are the applicable statutes of limitation or statutes of repose that may be applicable to third party subrogation actions? Related Subrogation Issues • Are there any other issues or statutes which affect a worker's compensation carrier's right of subrogation, such as the made whole doctrine, common fund doctrine, or anti-subrogation statutes? • Are there any lien reduction statutes, such as those existing in Indiana, which affect a worker's compensation carrier's right of recovery? • Does the state have any no-fault laws which complicate workers' compensation subrogation involving an automobile accident, such as exist in Michigan and Colorado? • What are the carrier's options if the worker and his attorney simply refuse to repay a worker's compensation carrier's lien after settling a third party action? • If the worker fails to repay the carrier, is there a cause of action for conversion of a carrier's subrogation interest or may the carrier still proceed against the third party tortfeasor to recover its subrogation interest?

Author: Esther V. Levy
Publisher:
ISBN: 9781506907420
Category :
Languages : en
Pages : 230

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In 2001, Gregg David Wenzel, 32, a well-liked, respected Miami attorney with a larger-than-life personality, left his law practice. After a year's training, he was sent on his first assignment to Ethiopia, where he cavorted with camels and used his warmth and wit to unearth hidden information about 9/11. A year later, Gregg died in the line of duty, under mysterious circumstances. For nearly six years, his parents were forced to conceal his identity. What was his new secret career? Gregg Wenzel was a clandestine agent for the CIA!! For years, he was Star 81, an anonymous sculpted star on the CIA Memorial Wall. Now his name is inscribed in the CIA Book of Honor, and a street and post office in Monroe, New York are named in his honor. Why did Gregg choose this path? Do people really know anything about the fallen heroes represented by these stars, who lived undercover and sacrificed their lives to protect American freedom? Was Gregg's death really an accident? To answer these questions and more, the Wenzels collected tributes, diaries, letters, articles, and photos, and worked with Esther V. Levy to create a human-interest biography. Their mission: To ensure that future generations would know about their son and what he stood for. Twenty years have passed since 9/11, and we're in the midst of a global pandemic and widespread unrest. Now, more than ever, we need a reminder that humanity shares a common thread. Gregg Wenzel lived this; he believed in human decency and performing random acts of kindness. This story of a nation's pride and a family's heartache is a touching must-read for those seeking hope and inspiration in today's troubled times. CIA, 9/11, Ethiopia, Spy, Death, Mysterious Circumstances, Star, Memorial Wall, Sacrifice, Government, Director

Author: L. J. Sellers
Publisher:
ISBN: 9781477822180
Category : Detective and mystery stories
Languages : en
Pages : 0

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Book Description
On a chilly Oregon morning, a policeman is found slain near the homeless camp where he'd been passing out blankets the night before. When Detective Jackson is called to the scene, witnesses point to a pair of mentally ill street twins as the likely perpetrators. As the case progresses and arrests are made, the homeless community revolts against the police, and the chaos pulls detectives away from their investigations. Tension mounts, and the evidence begins to link a series of sexual assaults to the death of the murdered officer. The task force is quickly faced with a dangerous decision: Should they risk the life of another young victim to catch the killer?

Author: Howard Spiva
Publisher:
ISBN: 9781517773717
Category :
Languages : en
Pages : 132

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Book Description
HIRE THE RIGHT LAWYER WITH CONFIDENCE! There are so many things that a lawyer must be able to do. This practical legal guide will help you hire an experienced lawyer who DOES IT BEST! A lawsuit is like a war and many attorneys and law firms don't have the skill or legal services to negotiate a proper settlement... or the money or law practice trial experience to recover for you in a court of law. This practical guide starts out with 21 questions that quickly qualify any attorney. The answers you receive to these questions will disclose the depth of a lawyers legal education, the specialties provided by their law practice, and the quality of their legal services. If you hire the wrong lawyer, your recovery for personal injury is going to decrease by tenfold. If you hire the wrong lawyer, the opposing counsel for the insurance company will treat your personal injury claim like it's a joke. If it's a criminal law case and your attorney does not have specific law specialties expertise, you may be an innocent person that ends up going to jail. If you are going through a divorce and you've hired the wrong lawyer, your spouse may get primary custody or the bulk of your assets. If you go to court with the wrong business law or intellectual property lawyer, you will most likely LOSE and get absolutely NOTHING. You may also be forced to pay for the other person's legal services -- OR WORSE! If you are purchasing real estate and you've hired the wrong lawyer you may not get the right title insurance, the right disclosures, or the right surveys done. If you've got a worker's compensation claim, you might not get all of your benefits or your full disability. If it's a social security claim, you may not get all of your past benefits. There are so many crucial subjects and things that you MUST know in order to make sure you're hiring the right lawyer. Without knowing the RIGHT questions to ask, you will only get as much justice as you can afford. Here is what this practical guide does for you: It spells out TWENTY-ONE OF THE RIGHT QUESTIONS! It teaches you to ask the hard questions and get ALL of the answers you will need to make an informed, knowledgeable decision -- and hire the right lawyer with confidence. This book pulls no punches! Learn who wins in settlements, courtrooms, and jury trials... who loses -- AND WHY! "Winning Your Case" is a quick read that gets right to the point with powerful knowledge and useful insight from one of the most respected and highly endorsed trial lawyers in the country. The 21 "Must Ask" Questions provide an immediately useful tool to gauge professional competence prior to engaging a lawyer for legal representation. If your situation requires you to hire a lawyer -- YOU NEED THIS BOOK! Scroll up and Add To Cart or click the Buy Now button!