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
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