Recovering for Psychological Injuries is one of the bestselling trial strategy books ever written. While the book was originally known for its use in psychological injury cases, readers soon learned it had a much broader appeal for its wise advice on case preparation, dealing with experts, researching insurance issues, jury selection, and a wide range of other issues. Rules of the Road author Rick Friedman has called the book "a true masterpiece."
Recovering for Psychological Injuries, Third Edition, updates and broadens the scope of the book for a new generation of lawyers. Drawing upon his experience in over five hundred jury trials, Barton instructs you on how to handle all the aspects of a case. In addition, Barton has several new sections with detailed advice on litigating cases, illustrated by cases he has handled in the twenty years since the last edition. The new book reflects Barton's wisdom gained from handling difficult factual cases, and broadens its application to a wide variety of litigation.
Recovering for Psychological Injuries is full of the strategies and techniques you need in today's legal field to win, even in your most challenging cases.
- Preface
- Introduction
- Part I: Deciding to Take the Case
- Quantitative v. Qualitative
- Eleven Commandments, Cautions, and Questions
- DSM-IV-TR
- Lawyers and Experts
- Staffing for Psychological Injury Cases
- Liability for Psychic Trauma
- Preexisting Emotional Conditions
- Is This a Feasible, Triable Case?
- Securing Insurance Coverage
- Defense by Intimidation
- Defensive Lawyering
- Part II: Working on the Case
- Where to Try the Case
- Discovery Questions for Experts
- Mediation and Negotiation
- Suggestions to Experts Preparing to Testify
- A Process for Jury Selection
- Opening Statement
- The Case in Chief
- The Treating Physician as Witness
- Cross-Examination: Preparing for Defense Experts
- Catastrophic Injuries and Loss of Consortium
- Suggested Instructions with Comments
- Closing Arguments
- Part III: Special Cases
- Common Rules of Evidence in Sexual Exploitation Cases
- Part IV: The Sexually Abused Child
- Sexual Abuse Cases: The Oregon Experience
- Trends in Sexual Abuse Litigation
- Jack Doe 4 v. Boy Scouts of America
- The Sexual Abuse Cases Against the Vatican
- Civil Recovery for Child Victims of Sexual Abuse
- Liability Analysis of Institutional Defendants
- Establishing the Effects of Sexual Abuse on Children
- Practice Tips for Child Sexual Abuse Cases
- Closing Argument in Child Sexual Abuse Cases
- Part V: The Therapist as Defendant
- Sexual Abuse of Patients by Therapists
- Discovery Questions in Cases Against Therapists
- Closing Argument in Sexually Abused Patient Cases
- Appendices
- Direct Testimony of Plaintiff’s Expert A
- Direct Testimony of Plaintiff’s Expert B
- Psychological Concepts
- Conclusion
- Glossary
View Excerpt
What Legal Leaders Are Saying
— Gary M. Paul, president of the American Association for Justice (2011)Bill Barton has been a leader in handling psychological injuries for decades. He put his knowledge and techniques into the superb best seller Recovering for Psychological Injuries, and now he brings us the third edition. While it is said you cannot improve on perfection, he has done it! Do yourself a favor—read this book cover to cover. Your clients will thank you.
— Rick Friedman, author of Rules of the Road, Polarizing the Case, and Becoming a Trial LawyerThe first edition of Recovering for Psychological Injuries was the first advocacy book I read that significantly improved my performance as a trial lawyer. The third edition is better yet. Bill Barton is one of the most thoughtful, creative trial lawyers in America. He is also a gifted teacher and writer. The title is narrower than the subject matter; there are helpful, even brilliant ideas to help the plaintiff’s lawyer with any type of case. It is impossible to read this book without becoming a better lawyer and a better person.
— Mark R. Bocci, member of the Inner Circle of Advocates and the International Academy of Trial LawyersThe vast majority of our cases have psychological injuries which juries often undervalue. That is our fault—no one else’s. Bill’s work here is a critical ‘how to’ and every serious plaintiff’s attorney in the country should read it. He helps us understand not only our clients but ourselves. This is a critical read which will take your practice to a new level.
— Karen Koehler, past president of the Washington State Association for Justice, and author of Litigating Minor Impact Soft Tissue CasesThis book isn’t just thorough, it’s absolutely exhaustive. A psychological injury treatise and practical guide all rolled up into one fabulous resource!
— Shelley Spiecker, Ph.D., Senior Litigation Consultant, Persuasion StrategiesThis book addresses how to overcome the universal struggle—persuading jurors to advocate for enhanced pain and suffering damages. It’s jam-packed with specific substantive strategy recommendations. Put this book on your list of important reads.
— Randi McGinn, member of the Inner Circle of Advocates, past president of the New Mexico Trial Lawyers AssociationLearn how to make the invisible psychological injuries that haunt your clients visible to the jury. Barton provides invaluable advice about how you can support these fragile clients through the legal process while you await settlement or trial. The new Bible for lawyers and psychological professionals involved in legal cases.
— Edwin J. Peterson, Willamette University College of LawBill Barton’s book is filled with practical, punchy wisdom. He sugarcoats nothing. He passionately believes in telling the truth; his advice hews to that principle. He has useful suggestions for trial lawyers and witnesses alike. Bill Barton is a PhD in trial preparation and trial.