This seminar is designed for students who have an interest in personal injury litigation. The course will focus on the basic areas of personal injury litigation as set out below. The course is based almost entirely on New Mexico case law, although frequent references will be made to legal developments and trends outside New Mexico. Considerable emphasis will be given to the practical aspects of developing and trying personal injury cases in New Mexico from first interview through discovery and into trial. This is a problem-based course in which class discussions will be centered on addressing legal issues that are raised by an assigned semester long problem. Among the areas that will be studied are the following:
Basic considerations in accepting and evaluating tort cases
Ethical limitations on tort practitioners
The nature of the attorney-client relationship in tort cases
The contingent fee agreement; Statutes of limitation
Basic Jurisdictional considerations and the New Mexico Long Arm Statute
Choice of venue, forum and law in tort cases
The importance of insurance in tort litigation
Choice of law, direct suits and conflicts of interest
The duties of insurer and insured
The law of bad faith
Subrogation
Disclosure of insurance at trial
Uninsured and underinsured motorist coverage
Arbitration of disputes between insurer and insured
Survey of common liability theories to expand liability to third parties
Settlements
Damages
To the extent class time is available, professional malpractice, governmental immunity, product liability and civil rights topics will be discussed. Class attendance, preparation and participation are expected of all students. Student grades will be based on class attendance, class participation and on the quality of the required course paper. No exam will be given in the course.