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Effectively Quantify and Negotiate Damages in a Personal Injury Case

Are you getting everything you can out of each injury case that comes your way? Don't miss any general or special damages that may apply to a personal injury suit. Learn to analyze and quantify the effect of an injury on the plaintiff's current and future life to maximize or contest the recovery. Register today!

  • Identify the key elements that shape the value of a personal injury case.
  • Distinguish current injury from pre-existing and recurring conditions.
  • Find out where to look for the most reliable medical information to support your injury determination.
  • Effectively use vocational expert reports and labor statistics to assess loss of earning capacity.
  • Understand what special remedies exist for wrongful death cases.
  • Define reasonable and necessary medical treatment to limit medical expense recovery to services directly related to the injury.
  • Get practical tips for direct negotiations with a claims representative.
  • Fulfill your ethics credit and get actionable tactics for preventing legal malpractice.

  1. Types of Damages in an Injury Suit
    9:00 - 10:00, Halbert T. Dail
    1. General vs. Special Damages
    2. Past and Future Physical and/or Emotional Pain and Suffering
    3. Loss of Companionship/Consortium
    4. Disfigurement
    5. Loss or Impairment of Mental or Physical Capacity
    6. Loss of Enjoyment of Life
    7. Loss of Opportunity
    8. Loss of Income, Earning Capacity and Future Fringe Benefits
    9. Punitive Damages
    10. Damages in Fatality Cases
  2. Quantifying Damages
    10:15 - 11:45, Catherine M. Six
    1. Factors to Consider in Quantifying Damages
      1. Age of the Plaintiff
      2. Education and Professional Training (Physical and Mental Requirements)
      3. Potential Vocational Re-Training Costs
      4. Gender (In Cases of Disfigurement)
    2. Joint and Several Liability and Apportionment
    3. Sources of Statistical Data
      1. Inflation Adjustment
      2. Labor Statistics
      3. Dictionary of Occupational Titles
    4. Using Experts to Quantify Damages
    5. Past and Future Medical Expenses/Treatment
      1. Hospital Stay
      2. Emergency Medical Services
      3. Doctors and Diagnostic Tests
      4. Physical Therapy
      5. Nursing Services
      6. Appliances
      7. Prescription Drugs and Other Medical Expenses
      8. Transportation and Temporary Housing Expenses
    6. Property Damage in an Injury Case
    7. Determining Future Value: Present Value vs. Inflation and Cost-of-Living Adjustment
    8. Documenting the Extent of the Injury
  3. Sources of Recovery and Liens
    12:45 - 1:45, Edwin S. Booth
    1. Collateral Source Rule
    2. Insurance Coverage
      1. UIM Settlement Law and Procedure
      2. Medical Expense Benefits Coverage
      3. Subrogation
    3. Claims Against Recovery
      1. Medical Provider Liens and Assignments
      2. Workers' Compensation Liens
      3. Health Insurance Liens (Including Medicare and Medicare Set-Aside Considerations)
      4. Medicaid
      5. Worker's Compensation Liens
      6. Other liens
    4. Disputes Over Claims Against Recovery
      1. Remedies
      2. Negotiation of Liens
  4. Legal Ethics
    1:45 - 2:45, A. William Charters
    1. Researching and Avoiding Conflicts of Interest
    2. Attorney Fees
    3. Medical Records and HIPAA Compliance
    4. Protecting Confidentiality
  5. Negotiating and Litigating the Damages: Defense Perspective
    3:00 - 3:30, A. William Charters
    1. Negotiating Tactics
    2. Subrogation
    3. Key Pleadings and Motions
  6. Negotiating and Litigating the Damages: Plaintiffs' Tactics
    3:30 - 4:30, Halbert T. Dail
    1. Direct Negotiations with Insurance Claims Representative
    2. Lay Witnesses
    3. Using Expert Reports and Testimony
    4. Use of Demonstrative Evidence
    5. Key Pleadings and Motions
    6. Hearsay
    7. Wrongful Death Actions

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