Seasoned Litigators' Tactics for Maximizing - or Minimizing - Pain and Suffering Damages
The immeasurability of pain and suffering makes calculating, proving and even disproving these damages a difficult endeavor - but there's an art to everything. In this program, seasoned attorneys will share their most effective tactics for proving and increasing or decreasing pain and suffering damages. Stay one step ahead of your opposition with medical insights and legal strategies for both sides of the table - register today!
- Discover how doctors assess the validity, intensity and duration of pain and suffering.
- Learn how insurance companies evaluate claims for pain and suffering damages.
- Determine the psychological impacts on the plaintiff, and learn how to deal with pre-existing psychiatric disorders.
- Convince insurance companies - or the jury - that the pain and suffering is valid and substantial.
- Gain leverage when arguing the reasonableness of medical costs and treatment.
- Keep your weapons and disarm the opponent - get your evidence admitted (and theirs excluded).
- Delve into defense techniques for disproving or putting a lid on pain and suffering damages.
All times are shown in Eastern time
- Doctor Insights on Pain and Suffering
11:00 - 12:00, Dr. Jas G. Brooks
- Mental vs. Medical Pain and Suffering
- Objective vs. Subjective Evidence of Pain and Suffering
- Limitations of Pain Assessment Tools
- Assessing Pain Intensity and Duration
- Medical Records, Notes and Medication Records - What to Look For
- Increase vs. Improvement of Pain and Suffering
- Loss of Effectiveness and Dependency of Medication and Treatment After Accident
- Indicators of Exaggeration or Malingering
- Pre-Existing Conditions - How Doctors Evaluate Exacerbation/Aggravation
- How Insurance Companies Determine Pain and Suffering Damages
12:15 - 12:45, Daniel Torrens
- Determining Pain and Suffering Damages - Plaintiffs' Perspective
12:45 - 1:15, Robert J. Kasieta
- Calculating Pain and Suffering: Factors and Methods
- Quantifying Future Pain and Suffering
- Reasonable vs. Unreasonable Medical Costs and Treatment
- Evidence Needed to Determine Severity
- Proving Residual Earning Capacity (Diminution)
- Using Doctors and Medical Records to Prove Pain and Suffering
1:45 - 2:45, Robert J. Kasieta
- Emergency Room and Scene of Accident Evidence
- Doctor Deposition Strategies Specific to P&S
- Getting the Most Out of Family, Neighbors and Friends
- Co-Worker Testimony - What Works, What Doesn't
- Photograph and Personal Journal Evidence Strategies
- Determining Psychological Impact, Diagnosis
- Dealing with Pre-Existing and "Co-Occurring" Psychiatric Disorders
- PTSD in Personal Injury Cases
- Deposing Mental Health Experts - Key Questions
- Proving Pre-Death Pain and Suffering
2:45 - 3:15, Robert J. Kasieta
- Convincing the Jury the Pain and Suffering is Valid - and Substantial
3:15 - 4:00, Robert J. Kasieta
- Getting Evidence of Pain and Suffering Admitted
- How Juries Assign Pain and Suffering Damage Awards
- Jury Selection - Eliminating Low-Damage Jurors and Introducing Case Information
- Conditioning the Jury to Award Significant Damages
- Strategically Working Up the Medical Issues
- Damages Witness Testimony and Exhibits - Do's and Don'ts
- Conditioning the Jury to Sympathize and Support
- Presenting Evidence of Previous Injuries to the Jury
- Quantifying P&S in Closing Arguments/Jury Instructions
- Defense Tactics: Minimizing Pain and Suffering Damages
4:15 - 5:00, Daniel Torrens
- Scrutinizing the Pain and Suffering Claim
- Examining the Plaintiff, Medical Treaters and Witnesses: Key Questions
- What to Look For in Medical Expert Reports
- Using Motions in Limine to Exclude Evidence That Inflates Damage Awards
- Jury Selection: Eliminating High-Damage Jurors and Conditioning the Jury
- Opening Statements: Presenting the Defense Damages Case
- Counteracting Sympathy Ploys and Graphic Displays
- Proof of Malingering: Getting it Admitted and Presenting It
- Addressing Pain and Suffering in Closing Arguments and Jury Instructions
- Ethical Management of Client Medical Files
5:00 - 6:00, Daniel Torrens
- Changes to HIPAA Requirements
- Professional Conduct When Engaging with Prospective Clients
- Truthfulness When Dealing with Medical Professionals in a Case
- Representing Clients with Diminished Capacities
- Representing Organizations Such as Hospitals and Clinics
This program is designed for attorneys. Insurance professionals and paralegals may also benefit.