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Recovering for Psychological Injuries

William A. Barton

Hardcover: 804 pages; 3rd edition (2010)

AAJ

Description

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.

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

Reviews

  1. 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.
    —Gary M. Paul, president of the American Association for Justice (2011)

  2. The 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.
    —Rick Friedman, author of Rules of the Road, Polarizing the Case, and Rick Friedman on Becoming a Trial Lawyer

  3. The 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.
    —Mark R. Bocci, member of the Inner Circle of Advocates and the International Academy of Trial Lawyers

  4. This book isn’t just thorough, it’s absolutely exhaustive. A psychological injury treatise and practical guide all rolled up into one fabulous resource!
    —Karen Koehler, past president of the Washington State Association for Justice, and author of Litigating Minor Impact Soft Tissue Cases

  5. This 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.
    —Shelley Spiecker, Ph.D., Senior Litigation Consultant, Persuasion Strategies

  6. Learn 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.
    —Randi McGinn, member of the Inner Circle of Advocates, past president of the New Mexico Trial Lawyers Association

  7. Bill 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.
    —Edwin J. Peterson, Willamette University College of Law

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