Recovering for Psychological Injuries, 3rd Edition by William A. Barton

by William A. Barton, 783 pages (TrialGuides, 2010)

Recovering for Psychological Injuries is one of the best selling 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 500 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.

TABLE of CONTENTS

Preface

Introduction

Part I: Deciding to Take the Case

1. Quantitative v. Qualitative

2. Eleven Commandments, Cautions, and Questions

3. DSM-IV-TR

4. Lawyers and Experts

5. Staffing for Psychological Injury Cases

6. Liability for Psychic Trauma

7. Preexisting Emotional Conditions

8. Is This a Feasible, Triable Case?

9. Securing Insurance Coverage

10. Defense by Intimidation

11. Defensive Lawyering

Part II: Working on the Case

12. Where to Try the Case

13. Discovery Questions for Experts

14. Mediation and Negotiation

15. Suggestions to Experts Preparing to Testify

16. A Process for Jury Selection

17. Opening Statement

18. The Case in Chief

19. The Treating Physician as Witness

20. Cross-Examination: Preparing for Defense Experts

21. Catastrophic Injuries and Loss of Consortium

22. Suggested Instructions with Comments

23. Closing Arguments

Part III: Special Cases

24. Common Rules of Evidence in Sexual Exploitation Cases

Part IV: The Sexually Abused Child

25. Sexual Abuse Cases: The Oregon Experience

26. Trends in Sexual Abuse Litigation

27. Jack Doe 4 v. Boy Scouts of America

28. The Sexual Abuse Cases Against the Vatican

29. Civil Recovery for Child Victims of Sexual Abuse

30. Liability Analysis of Institutional Defendants

31. Establishing the Effects of Sexual Abuse on Children

32. Practice Tips for Child Sexual Abuse Cases

33. Closing Argument in Child Sexual Abuse Cases

Part V: The Therapist as Defendant

34. Sexual Abuse of Patients by Therapists

35. Discovery Questions in Cases Against Therapists

36. Closing Argument in Sexually Abused Patient Cases

Appendices

1. Direct Testimony of Plaintiff’s Expert A.

2. Direct Testimony of Plaintiff’s Expert B

3. Psychological Concepts

Conclusion

Glossary