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Winning Strategies for Your Auto Litigation Practice

One of the truths of auto accident practice is that no matter how similar the cases look - they're never the same. Within this vast variety, however, there are patterns that form into effective legal strategies. You can spend years of trial practice amassing the information to make them apparent, or you can benefit from the decades of combined experience that our attorney faculty have distilled into a one-day crash course on getting to the successful resolution as quickly and efficiently as possible. We'll help you develop simple practical skills to streamline the process and avoid missing any pertinent issues or steps. Get the tools you need to win your next auto dispute - register today!

  • Let our attorney faculty walk you through a crash case from the time of the collision through trial.
  • Recognize the potential of each case: be it for success or spectacular failure.
  • Explore common insurance coverage sources and find out how the courts interpret specific policy language.
  • Know what to look for in medical records and where to find it.
  • Take all factors into account when determining damages and find out how to support your calculations.
  • Expand your discovery tactics with tips from seasoned litigators.
  • Understand how Medicare set-asides and medical liens affect the size of the settlement, and incorporate them into your negotiations.
  • Gain practical tips for effective communication with the claims representative and maximize your chances for successful settlement.
  • Explore the ethical implications of the tripartite relationship and guard your impeccable reputation.
  • Recognize the conditions that trigger a bad faith claim and get simple tips for settling it quickly and efficiently.

  1. Case Intake, Pre-Suit Investigation
    9:00 - 10:00, Frank M. Nunes
    1. Case Screening
    2. Initial Client Interview/Questionnaire
    3. What You Can Find Out Before the Claim
    4. Funding Auto Litigation
  2. Insurance Coverage Research and Negotiations with the Claims Representatives
    10:15 - 11:00, Todd W. Baxter
    1. Auto Insurance Policies: Interpretation, Issues and Hidden Treasures
      1. Auto Liability Coverage
      2. UM/UIM
      3. PIP/ Med Pay
      4. Multiple Policyholders
      5. Stacking of Coverage
      6. Available Limits
    2. Demand Packages
    3. Negotiating with the Adjuster
  3. Initial Filing and Discovery, Experts and Evidence
    11:00 - 12:00, Karen L. Lynch
    1. Filing Procedure and Case Scheduling
    2. Anatomy of Common Injuries
    3. Witness Depositions
    4. Obtaining Medical Records
    5. Selecting and Working with Experts
    6. Evidence Preservation
  4. Damages, Liens and Subrogation in Settlement Negotiations
    1:00 - 1:45, Sean T. O'Rourke
    1. Assessing and Allocating Damages
      1. Vehicle Damage and Diminished Value
      2. Paid vs. Billed Medical Services
      3. Future Medical Bills
      4. Loss of Earning Capacity
      5. Pain and Suffering
    2. Medical Provider Liens
    3. ERISA Subrogation Liens
    4. Mandatory Insurer Reporting, Medicare Recovery Act, and Medicare Set-Asides
    5. Tips for Successful Mediation
    6. Addressing Pending Liens in Settlement Negotiations
    7. Subrogation
    8. Practical Tips for Restarting Stalled Negotiations
  5. Bad Faith
    1:45 - 2:30, Paul J. O'Rourke
    1. Definition of Bad Faith
    2. When Can a Bad Faith Claim be Brought?
    3. First Party Bad Faith vs. Third-Party Direct Actions
    4. Types of Bad Faith Claims in Auto Insurance Context
    5. Settlement Considerations
  6. Ethics
    2:45 - 3:45, Todd W. Baxter
    1. Preventing Conflicts of Interest
    2. Setting and Collecting Attorney Fees
    3. Maintaining Client Confidentiality
    4. Work-Product Doctrine as it Applies to Expert Witness Reports in Progress
    5. Insurance Defense Counsel Relationship with the Insured and Insurer
    6. Communicating with Represented Parties
      1. "CC," "Reply All," and Other E-mail Traps of Inadvertent Communication
      2. Plaintiff Attorneys' Communication with Represented Insurance Adjusters
      3. Investigators' Contact with the Opposing Party
  7. Arbitration and Litigation: Preparation Tips and Hearing Strategies
    3:45 - 4:30, Karen L. Lynch
    1. Arbitration Procedure and Tactics
    2. Evidence Strategies
    3. Preparing Witnesses for Testimony
    4. Jury Selection Tips
    5. Case Presentation Tactics
    6. Preserving Issues for Appeal

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