Advanced Issues in Personal Injury Litigation
- Personal Injury Law Training Seminar
The Latest Tips and Tactics for Handling Current Challenges in Personal Injury Litigation
In complex personal injury cases, you need in-depth insurance coverage knowledge, expert witness strategies, the ability to resolve challenging subrogation and lien issues quickly and negotiate insurance claims effectively - and that's only the beginning. In this two-day comprehensive course, you'll take away the most current tactics and practical how-tos for overcoming common litigation challenges you're facing right now. Get a detailed update on the latest strategies personal injury attorneys are using to tackle the toughest problems, explore advanced trial tactics and discuss pressing issues unique to personal injury litigation - register today!
- Gain practical, intermediate and advanced level strategies for handling common challenges you face in auto accidents; slip, trip and falls; and product liability cases.
- Discover what is on the horizon with Medicare set-asides and conditional payments in personal injury settlements.
- Learn how to minimize challenging ERISA and workers' compensation liens in personal injury settlements.
- Analyze UM, UIM, premises liability and umbrella coverage and take a closer look at stacking coverage issues.
- Use emerging insurance negotiation techniques to resolve complex claims.
- Tackle social media evidence challenges and learn how to authenticate electronically stored information (ESI).
- Gain advanced tips for preparing your expert for deposition to get at the best possible testimony.
- Use the latest advances in automotive investigations to support your case.
DAY 1: Social Media Challenges, Medical Records, Experts and Insurance Negotiations
- Legislative and Case Law Update
9:00 - 10:00, Robert J. Foster
- Federal and State Rules/Procedures Update
- Insurance Law Update
- Case Law Update
- Trends in Personal Injury
- Advanced Case Assessment: Value of Case?
- Advanced Coverage Analysis
10:00 - 10:45, Michael F. Schleigh
- Collateral Source Rule
- Advanced Policy/Coverage Analysis (UM/UIM, Premises Liability, Etc.)
- Playing the Stacking and Offsets Game (Anti-Stacking Contract Clauses, Sources of Coverage, Multiple Policyholders, Stacking of Commercial and Personal Policies, Excess Coverage)
- Advanced Accident Investigation Strategies
11:00 - 12:00, David Sherman, Mark S. Kardos
and Ronald J. Cohen
- Vehicular Accidents
- Slip, Trip and Falls
- Product Liability
- Using Medical Records to Win Your Case
1:00 - 1:45, Robert N. Hunn
- Using Medical Records to Demonstrate Pain and Suffering
- What's Admissible? What's Not?
- Challenging Medical Evidence
- Defending Your Medical Evidence
- Getting the Most out of Expert Witnesses
1:45 - 2:45, David Sherman and Mark S. Kardos
- Qualifying Experts: Daubert and Frye Issues
- Preparing the Expert Witness for Depositions
- The Use of IMEs
- Videotaped Depositions
- Presentation of Expert Testimony at Trial
- Cross and Direct Examination
- Social Media, the Internet and Electronically Stored Information (ESI) Challenges
3:00 - 3:45, Michael F. Schleigh and Dana Pescatore
- Jurisdiction Over Websites
- Social Media - Complying with the Stored Communications Act
- Predictive Coding and Other Data Mining Procedures
- Overcoming Admissibility Obstacles and Authentication Challenges
- Identifying Who Made That Post
- Obtaining Posted Content
- Social Media Preservation
- Hearsay and Electronically Stored Information
- Motion in Limine
- Negotiating Complex Claims with Insurance Adjusters
3:45 - 4:30, Katheen L. Daerr-Bannon
- Proper Documentation and Exhibits
- Claim Reserves and Under-Reserving Complications
- Valuing Your Claim
- Negotiation Techniques that Work and Mistakes to Avoid
- Going Beyond the Adjuster's Settlement Authority
- Re-Starting Stalled Negotiations
- Making the Most of Mediation
- Bad Faith Considerations
DAY 2: Liens, Subrogation, Voir Dire, Advanced Trial Tactics and ACA Update
- Handling Complex Subrogation and Lien Issues
9:00 - 10:00, James R. Carroll Jr.
- Changes to State Subrogation Laws?
- Pursuing/Asserting a Lien
- Lien Priority and Formulas for Reimbursement
- Eliminating/Reducing Liens
- Medicare Secondary Payer (MSP), Conditional Payment and Set-Aside Update and Tips
10:15 - 11:15, Stephen Bruderle
- MSP Update
- Conditional Payments and the SMART Act
- CMS and Case Law Update: Liability Medicare Set-Asides
- Rights of Recovery
- Navigating the Medicare System
- Structuring Hybrid Trusts to Preserve SSI/Medicaid Benefits
- MMSEA Section 111 Reporting Requirements
- How to Obtain the Trust and Confidence of a New Client Injured in a Motor Vehicle Accident by Conducting a Proper Intake Interview
11:15 - 12:15, Robert H. Nemeroff
- Understanding Your Motor Vehicle Insurance
- Obtaining the Facts
- Explaining the Legal Claims Process
- Voir Dire and Advanced Jury Selection Strategies
1:15 - 2:15, Fred B. Buck
- The Role of Social Media in Jury Selection and Trial
- Preparing for Voir Dire
- What Jurors Think: What Every Litigator Needs to Know
- Questions You Never Thought to Ask
- Advanced Trial Strategies
2:30 - 3:30, Fred B. Buck
- Presenting Demonstrative Evidence
- Using Courtroom Technology
- Preserving Issues for Appeal
- Proving Non-Economic Damages
- Post-Trial Relief
- Ethical Considerations in Personal Injury Cases
3:30 - 4:30, Derek R. Layser
- The Tripartite Relationship
- Conflicts of Interest
- Lawyer Liability
- Coverage Defeating Admissions
- Unethical Insurance Adjusters and Your Client's Claim