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Successfully Argue the Most Subjective Damages in Injury Settlements and Judgments

How do you put a monetary value on physical pain and emotional and mental harms? How can you convince an opposing party or jurors of the true extent or nature of a claimant's suffering? In this program, knowledgeable attorney faculty will share their know-how and concrete approaches to negotiating or litigating these intangible damages. Take control of injury case recoveries - register today!

  • Hear from a doctor on how to find objective correlation to subjective complaints of pain.
  • Think like an adjuster: find out what factors insurance companies consider when gauging P&S.
  • Discover when pain, suffering and other nonmedical losses are subject to a lien.
  • Explore the tactics defense attorneys use to keep pain and suffering damages down.
  • See how plaintiffs' attorneys quantify, prove and increase pain and suffering damages.
  • Find out how to use the discovery process to develop or defend against pain and suffering claims.
  • Learn how to get your proofs admitted (and keep theirs out).

  1. Pain and Suffering Damages: A Brief Introduction
    9:00 - 9:40, Kathryn E. Lee
  2. How Insurance Companies Evaluate Pain and Suffering
    9:40 - 10:20, Nicholas M. Athanason
    1. Key Factors Adjusters Consider
    2. Colossus/Software Programs
    3. Claimant and Attorney Factors
    4. Setting of Reserves
    5. Insurance Coverage
    6. Documentation That Makes a Difference in an Adjuster's Evaluation
  3. Doctor Insights: Spinal Injuries and Ways to Diagnose
    10:35 - 11:25, Larry Fishman M.D.
  4. Quantifying Pain and Suffering Damages
    11:25 - 12:05, Kevin B. Woods
    1. Factors to Consider in Quantifying Pain and Suffering Damages
    2. Finding Evidence: What to Look for, Where to Get It
    3. Medical Records, Charts, Prescriptions and Doctors' Notes
    4. Documenting Psychological Harms
    5. Liability and Apportionment
    6. Authoritative Resources to Use
    7. Using Experts to Quantify Pain and Suffering
    8. Calculating Future Pain and Suffering
  5. Handling Lien Claims
    1:05 - 1:55, William D. Bonezzi
    1. Understanding Lien Rights and Limitations
    2. When Are Pain, Suffering and Other Nonmedical Losses Subject to a Lien?
    3. Ahlborn and Other Key Case Law
    4. Settlement Designations and Allocations
    5. Building a Case to Limit Repayment
    6. Handling Claims Against Recovery
      1. Medicare Liens
      2. Medicaid Liens
      3. ERISA/Health Insurance Liens
  6. Negotiating and Litigating P&S Damages: Defense Perspective
    1:55 - 2:35, Matthew C. Scarborough
    1. Using Discovery to Defend Against Pain and Suffering Claims
    2. IMEs and the Examiner's Observations
    3. How to Counter Sympathy Tactics and Graphic Displays
    4. Negotiating Tips to Minimize Pain and Suffering
    5. How to Get Your Evidence Admitted and Keep Theirs Out
    6. Jury Selection/Voir Dire Questions
    7. Using Medical Records/Notes and Doctor Testimony
    8. How to Present Pain and Suffering at Closing
  7. Negotiating and Litigating P&S Damages: Plaintiffs' Tactics
    2:50 - 3:30, Kevin B. Woods
    1. Direct Negotiations with Insurance Claims Representative
    2. Lay Witnesses
    3. Using Expert Reports and Testimony
    4. Using the Discovery Process to Build Pain and Suffering Claims
    5. Pain and Suffering in Wrongful Death Cases
    6. How to Get Your Pain and Suffering Evidence Admitted (and Keep Theirs Out)
    7. How to Prove Pain and Suffering at Trial
  8. Legal Ethics
    3:30 - 4:30, Thomas S. Harmon
    1. Attorney-Client Relationship
    2. Conflicts of Interest
    3. Medical Records and HIPAA Compliance
    4. Attorneys' Fees
    5. Duty of Candor
    6. Painkiller Addiction: Handling Impaired Clients

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