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Who should attend Personal Injury In Automobile Cases
This seminar is designed for attorneys, legal staff, insurance professionals, including risk managers and claims adjusters who are involved in the handling of personal injury matters.
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Personal Injury In Automobile Cases  

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This seminar is designed for attorneys, legal staff, insurance professionals, including risk managers and claims adjusters who are involved in the handling of personal injury matters.

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Seminar Summary:

This seminar will provide a review of recent developments regarding personal injury and insurance coverage law in automobile cases. (see full course description)

 
 

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Training Course Syllabus:


This seminar will provide a review of recent developments regarding personal injury and insurance coverage law in automobile cases. By attending this seminar, you will gain knowledge from those with considerable experience in insurance and personal injury law who will facilitate your understanding of these issues from both the plaintiff and defendant perspective, including:

  • Initial Case Considerations
  • Pleadings
  • Discovery
  • ADR
  • Trial Preparation And Strategy
  • Trial
  • Post-Trial Motions

Whether you are an attorney, in-house counsel or a claims representative for an insurance company, you are expected to know and understand the current status of insurance and personal injury law.

9:00 a.m. - 10:00 a.m.

I. Initial Case Considerations

A. Plaintiff's Perspective

1. Client Contract – Thoughts On Finding And Getting Good Cases

2. Initial Client Meeting – Who Should Attend? What Should Be Covered? Investigation

3. What Should You Do If You Decide Not To Take The Case?

4. Retainer Agreements

5. Approach To Defense; Negotiating With Defense, Decision To Cooperate With Defense, Ethical Considerations (Reputation In The Community, Rules Of Court, Local Rules)

B. Defendant's Perspective

1. Initial File Assignment And Review

2. Working With The Insurance Carrier – Outside Counsel Or House Counsel

3. Police Reports, Photos, Property Damage Estimates, Recorded Statements, Diagrams, Site Inspections, Gathering Medical, Wage Loss And Insurance Records

4. Admitting Liability

5. Negotiating With Plaintiff's Counsel, Ethical Considerations (Reputation In The Community, Rules Of Court, Local Rules)

10:00 a.m. - 10:15 a.m.

Break

10:15 a.m. - 10:45 a.m.

II. Pleadings

A. Plaintiff's Perspective

1. Complaint Drafting, Use Of Forms, Verified Complaints

2. Unlimited versus Limited Jurisdiction

3. The Decision To Include Punitive Damages

B. Defendant's Perspective

1. Is Service Good? When Was The Complaint Served? Accepting Service

2. Answer – Affirmative Defenses

3. Alternatives To Answer: Demurrer, Motions To Strike

10:45 a.m. - 11:45 a.m.

III. Discovery

A. Plaintiff's Perspective

1. General Discovery – Limited versus Unlimited Jurisdiction

2. Depositions – Parties, Non Parties, Cost Issues For Plaintiff's Counsel

3. Interrogatories, Supplemental Interrogatories

4. Medical Records, Updated Reports, etc.

5. Expert Demands, Expert Disclosures

6. IME Report Requests

B. Defendant's Perspective

1. Traditional Discovery Tools

2. Defense-Specific Tools – Subpoena Of Records, Independent Medical Exams

3. Selecting Experts – IME Doctor, Radiologists, Accident Reconstructions, Biomechanical Engineers, Biomedical Engineers

C. Law And Motion Practice

11:45 a.m. - 12:00 p.m.

IV. Question And Answer Period

12:00 p.m. - 1:00 p.m.

Lunch (On Your Own)

1:00 p.m. - 1:30 p.m.

V. ADR (Alternative Dispute Resolution)

A. Judicial Arbitration – Disclosure Of Evidence, Controlling Law

B. Binding Arbitration – Negotiating High/Low And Other Limits, Stipulations, Costs

C. Mediation – Court-Sanctioned Or Independent

D. Settlement Conferences

E. Briefs – Demands Prior To ADR, Information Included For The First Time In The Case In The Brief, Timeliness

1:30 p.m. - 2:30 p.m.

VI Trial Preparation And Strategy

A. Plaintiff's Perspective

1. CCP 998 Offers

2. Treating Doctors

3. Medical Experts

4. Demonstrative Experts

5. Client Preparation – Has Plaintiff Been Deposed?

6. Attorney Preparation

7. Venue – Judge, Jury Pool

8. Motions In Limine

9. Client Control

10. Pre-Trial Settlement Strategies

B. Defendant's Perspective

1. CCP 998 Offers

2. Define The Theme Of Your Case

3. Expert Testimony (IME Doctor, Radiologists, Mechanical Experts – Depend On Issue In The Case)

4. Attorney Preparation – Direct And Cross-Examination, Trial Binder

5. Witness Preparation (Client, Experts)

6. Exhibit Preparation And Use

7. Per-Trial Settlement Strategies Sooner Rather Than Later, Before Time And Money Makes Settlement Impossible)

230 p.m. - 2:45 p.m.

Break

2:45 p.m. - 3:45 p.m.

VII. Trial

A. Plaintiff's Perspective

1. Burden Of Proof

2. Jury Selection – Voir Dire By Judge, By Plaintiff, Objecting During Voir Dire

3. Opening Statement

4. Case In Chief (Order Of Witness, Direct And Cross-Examinations, Objectives)

5. Jury Instructions

6. Closing Argument

7. Special Verdict Forms

B. Defendant's Perspective

1. Challenging The Judge

2. Jury Selection – Voir Dire Questions, Objecting During Plaintiff's Voir Dire, Integrating Jury Instruction, Six-Pack Jury Pools, Using Challenges

3. Opening Statement – Courtroom Conduct, Reliability, What Evidence Will Show

4. Direct And Cross-Examination – Courtroom Location During Direct And Cross-Examination

5. Jury Instructions

6. Closing Arguments

7. Verdict Forms

3:45 p.m. - 4:15 p.m.

VIII. Post-Trial Motions

A. Prevailing Party?

1. Motion For JNOV, For New Trial

2. Motion For Costs, Tax Costs

4:15 p.m. - 4:30 p.m.

IX. Question And Answer

Seminar Summary:

This seminar will provide a review of recent developments regarding personal injury and insurance coverage law in automobile cases. (see full course description)

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