Course Description

Course Title: Personal Injury & E-Discovery
Course Number: PA 2212
Credits: 2 semester credits
Prerequisites: PA - Introduction to Law and Contracts
Recommendations: This course requires the knowledge of legal analysis, the ability to do light legal research based on directions provided by the instructor, and the aptitude to learn how to draft pleadings or legal documents.
Catalog Description: Examines selected major issues and themes in civil litigation involving personal injuries and wrongful death with primary emphasis on negligence and medical malpractice. Significant case law, statutes, rules, procedures, and evidentiary and e-discovery principles will be covered.
Outcomes: Students will be able to:
  • Demonstrate, interpret and analyze basic common law, statutes, and rules relating to personal injury litigation.
  • Perform and evaluate practical tasks a paralegal handles in a personal injury case including legal research, investigation, and trial preparation, organization and preservation of evidence, drafting of motions and legal memorandum concerning various evidentiary matters, settlement of personal injury disputes, and case management.
  • Explain the basics of a) the trial process, b) the burden of proof, c) negligence law, and d) procedural considerations.
  • Explain, interpret and analyze the law as it relates to specific negligence cases, Minnesota statutory tort reforms, and the appeals process available to the loser.
  • Review, analyze and evaluate a general understanding of medical malpractice and malpractice of other professionals.
  • Explain and interpret the basic law of automobile liability, premises liability, liquor liability, and products liability.
  • Write a short memorandum as part of handling personal injury cases.
  • Draft, review and revise specific discovery documents, including interrogatories, requests for production of documents, and various e-discovery in a personal injury case.
  • Discuss various ethical considerations concerning the handling of personal injury cases; avoidance of interactions with dishonest clients, familiarity with prohibited practices, "runners", "cappers", and "ambulance chasing", the need to maintain client confidentiality at all times, and the ramifications for not abiding by the professional code of conduct or following ethical standards.
  • Explain methods of Alternative Dispute Resolutions for personal injury matters such as mediation and arbitration.
Topics Covered:
  1. Introduction, Definitions and the Courts (2 Hours)
  2. Client Interview; Summary; Questionnaire, and Retainer Agreements
    (2 Hours)
  3. Documentation/Organization of Files, Legal Malpractice and Ethics. (2 Hours)
  4. Review all Authorizations/Releases, Medical and Police Records.(2 Hours)
  5. No-Fault Insurance Issues, Dram Shop and Liquor Liability
    (2 Hours)
  6. Pleadings, i.e. Summons, Complaint, Answers & Counterclaims)
    (3 Hours)
  7. Discovery, E-Discovery, Depositions, Motions (6 Hours)
  8. Statement of the Case and Proposed Jury Instructions (3 Hours)
  9. Trial Preparation, and Video Testimony (3 Hours)
  10. Case Chronology/Outline, Exhibit Lists, Trial Notebook (3 Hours)
  11. Final Argument and Case Briefs. (2 Hours)
  12. Arbitration and Settlement.(2 Hours)

Total Semester Hours: 32 Hours

Course Objectives: To acquaint the paralegal student with personal injury litigation beginning with client interviews, retainer agreements, setting up a case file, including but not limited to, correspondence with doctors, governmental agencies and employers. The student will also prepare for a lawsuit including the drafting of summons, complaints, answers, counterclaims, and e-discovery.
Outcomes Measures: The student may take and/or prepare various legal document drafting exercises including memorandums, pleadings, briefs, case chronologies, discovery, deposition summaries. Case management and computer technology may be used to complete projects assigned. Discussion, participation, and attendance in class may be part of the grade. Analytical problem solving, short quizzes, and written and oral projects may be conducted. The final grade will be a full letter grade (A-F).

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