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Get Real-World Tips from Top Attorneys

How do you prove and calculate conscious pain and suffering? How do you navigate the probate court while pursuing a tort claim? How do you successfully communicate autopsy evidence to the judge/jury and present them with a dollar amount? Whether you represent the plaintiff or the defense, you need specialized litigation strategies when taking on a wrongful death case. Top attorney faculty will show you how to find hidden coverage; negotiate loss of consortium, future benefits and life expectancy with insurance companies; use cell phone records to prove negligence; and create effective exhibits that reveal the relationships of family members. Don't miss this unique opportunity to learn in 6 hours what it has taken top attorneys years to hone and refine. Register today!

  • Identify red flags in intake and effectively communicate with family members and personal representatives.
  • Examine the will and get probate court approval to pursue/settle.
  • Learn the secrets insurance companies use to investigate a wrongful death case.
  • Find hidden coverage unique to wrongful death cases and interpret ambiguous policy language.
  • Preserve and obtain accident scene evidence; authenticate cell phone and GPS evidence.
  • Use photographs of the decedent effectively at trial.
  • Analyze and interpret medical records to prove negligence/liability.
  • Gain voir dire strategies specific to a wrongful death case.
  • Learn how to gain the best evidence from the decedent's autopsy to support your case.

  1. Filing the Wrongful Death Lawsuit and Insurance Coverage Examination
    9:00 - 9:45, William P. Claxton
    1. State Legislation Update, Trends and Developments
    2. Auto/Truck Accident? Work Accident? Med Mal? Nursing Home Negligence? Case Intake Tips for Each
    3. Eligibility to Pursue a Civil Claim
    4. Pursuing Wrongful Death Suit and Survivor Action
    5. Working with the Personal Representative
    6. Determining Liability and Proving Negligence
    7. Locating ALL Potential Sources of Coverage
    8. Handling Subrogation Issues
    9. Pursuing a Civil Case Connected to a Criminal Act
  2. Accident Scene Investigation Strategies: Secrets Adjusters Don't Want You to Know
    9:45 - 10:30, Michael P. Manfredi
    1. Preservation and Spoliation Issues
    2. Photos and Video Recordings of the Scene
    3. Spotting Red Flags
    4. Questions to Always Ask Witnesses
    5. Working with Law Enforcement to Obtain Evidence
    6. GPS Evidence: Obtaining, Authenticating and Admitting
    7. Cell Phone Evidence: Obtaining, Authenticating and Admitting
  3. Working with the Probate Court
    10:45 - 11:25, Steven R. Ashby
    1. Basics of Probate for Attorneys in Wrongful Death Cases
    2. Examination of the Will
    3. Getting Probate Court Approval to Pursue the Tort Claim
    4. Getting Probate Court Approval of the Settlement or Verdict
  4. Using Medical Experts and Records to Determine Cause of Death and Liability
    11:25 - 12:05, William P. Claxton
    1. Medical Examiner and Doctor Deposition Strategy
    2. Grief Counselors/Therapists
    3. Using the Medical Records to Establish the Reasonableness of Cost
    4. Admission and Authentication of Medical Records as Evidence
    5. Authenticating and Admitting Autopsy Evidence
    6. Connecting Autopsy Results to Your Litigation Strategy
    7. Examination of Doctors
    8. Using Economists to Determine Wage Loss and Household Services
    9. Examination of the Coroner/Medical Examiner
    10. Invalidity of the Opposing Doctor's Methodologies/Evidence
  5. Wrongful Death Damages - Strategy, Evidence and Calculations
    1:05 - 1:45, Lloyd N. Bell
    1. Calculating Life Expectancy Using Formulas and Tables
    2. Putting a Monetary Value on a Human Life
    3. Exploring the Relationships to Reveal the Damages: Loss of a Child, Parental Guidance or Companionship and Protection
    4. Pain/Suffering/Mental Anguish Damages for Surviving Family Members
    5. Loss of Future Income, Benefits, Inheritance
    6. Apportionment of Damages Among Family
    7. Using Medical Evidence to Prove Conscious Pain and Suffering
    8. Examination of the Decedent's Will
    9. Present Cash Value and the Investment Value
    10. Punitive Damages
  6. Successfully Negotiating Wrongful Death with Insurance Companies
    1:45 - 2:25, Michael P. Manfredi
    1. Defense Investigation and Strategy of the Wrongful Death Case
    2. Using Medical Records Effectively
    3. Creatively Addressing Damages and Maximizing Compensation
    4. Using Proven Negotiation Techniques
    5. Determining the Insurance Companies Authority
    6. What to do When Negotiations Fail
    7. Minimizing Liens in Wrongful Death or Survival Actions
    8. Case Law Review
  7. Trial of the Wrongful Death Case - Tips From Top Attorneys
    2:40 - 3:30, William S. Stone
    1. Selecting the "Perfect" Jury for the Wrongful Death Case
    2. Communicating Autopsy Results to the Jury
    3. Approaching the Jury with a Dollar Amount
    4. Effective "Day in the Life" Video
    5. Medical Examiner Expert Witness Testimony
    6. Examination of Family Members
    7. Exhibits Relating to Character, Talents and Relationships
    8. Effective Trial Theme
    9. Addressing Conscious Pain and Suffering
    10. Case Law Review
  8. Upholding Ethical Standards in Wrongful Death Cases
    3:30 - 4:30, Kim M. Jackson
    1. Who is the Client?
    2. Managing Conflicts Among Beneficiaries
    3. Naming Estranged Parents in the Suit
    4. Distribution of Settlement Proceeds
    5. Joint Representation and Apportionment Conflicts
    6. Recovery of Attorney's Fees

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