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Advanced Issues in Personal Injury Litigation  

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This intermediate-to-advanced level program is designed for attorneys. Insurance adjusters, appraisers, assessors and paralegals may also benefit.

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Seminar Summary:

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. (see full course description)

 

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Training Course Syllabus:


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

  1. Legislative and Case Law Update
    9:00 - 10:00, Robert J. Foster
    1. Federal and State Rules/Procedures Update
    2. Insurance Law Update
    3. Case Law Update
    4. Trends in Personal Injury
    5. Advanced Case Assessment: Value of Case?
  2. Advanced Coverage Analysis
    10:00 - 10:45, Michael F. Schleigh
    1. Collateral Source Rule
    2. Advanced Policy/Coverage Analysis (UM/UIM, Premises Liability, Etc.)
    3. Playing the Stacking and Offsets Game (Anti-Stacking Contract Clauses, Sources of Coverage, Multiple Policyholders, Stacking of Commercial and Personal Policies, Excess Coverage)
  3. Advanced Accident Investigation Strategies
    11:00 - 12:00, David Sherman, Mark S. Kardos and Ronald J. Cohen
    1. Vehicular Accidents
    2. Slip, Trip and Falls
    3. Product Liability
    4. Other
  4. Using Medical Records to Win Your Case
    1:00 - 1:45, Robert N. Hunn
    1. Using Medical Records to Demonstrate Pain and Suffering
    2. What's Admissible? What's Not?
    3. Challenging Medical Evidence
    4. Defending Your Medical Evidence
  5. Getting the Most out of Expert Witnesses
    1:45 - 2:45, David Sherman and Mark S. Kardos
    1. Qualifying Experts: Daubert and Frye Issues
    2. Preparing the Expert Witness for Depositions
    3. The Use of IMEs
    4. Videotaped Depositions
    5. Presentation of Expert Testimony at Trial
    6. Cross and Direct Examination
  6. Social Media, the Internet and Electronically Stored Information (ESI) Challenges
    3:00 - 3:45, Michael F. Schleigh and Dana Pescatore
    1. Jurisdiction Over Websites
    2. Social Media - Complying with the Stored Communications Act
    3. Predictive Coding and Other Data Mining Procedures
    4. Overcoming Admissibility Obstacles and Authentication Challenges
    5. Identifying Who Made That Post
    6. Obtaining Posted Content
    7. Social Media Preservation
    8. Hearsay and Electronically Stored Information
    9. Motion in Limine
  7. Negotiating Complex Claims with Insurance Adjusters
    3:45 - 4:30, Katheen L. Daerr-Bannon
    1. Proper Documentation and Exhibits
    2. Claim Reserves and Under-Reserving Complications
    3. Valuing Your Claim
    4. Negotiation Techniques that Work and Mistakes to Avoid
    5. Going Beyond the Adjuster's Settlement Authority
    6. Re-Starting Stalled Negotiations
    7. Making the Most of Mediation
    8. Bad Faith Considerations

DAY 2: Liens, Subrogation, Voir Dire, Advanced Trial Tactics and ACA Update

  1. Handling Complex Subrogation and Lien Issues
    9:00 - 10:00, James R. Carroll Jr.
    1. Changes to State Subrogation Laws?
    2. Pursuing/Asserting a Lien
    3. Lien Priority and Formulas for Reimbursement
    4. Eliminating/Reducing Liens
  2. Medicare Secondary Payer (MSP), Conditional Payment and Set-Aside Update and Tips
    10:15 - 11:15, Stephen Bruderle
    1. MSP Update
    2. Conditional Payments and the SMART Act
    3. CMS and Case Law Update: Liability Medicare Set-Asides
    4. Rights of Recovery
    5. Navigating the Medicare System
    6. Structuring Hybrid Trusts to Preserve SSI/Medicaid Benefits
    7. MMSEA Section 111 Reporting Requirements
  3. 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
    1. Understanding Your Motor Vehicle Insurance
    2. Obtaining the Facts
    3. Explaining the Legal Claims Process
  4. Voir Dire and Advanced Jury Selection Strategies
    1:15 - 2:15, Fred B. Buck
    1. The Role of Social Media in Jury Selection and Trial
    2. Preparing for Voir Dire
    3. What Jurors Think: What Every Litigator Needs to Know
    4. Questions You Never Thought to Ask
  5. Advanced Trial Strategies
    2:30 - 3:30, Fred B. Buck
    1. Presenting Demonstrative Evidence
    2. Using Courtroom Technology
    3. Preserving Issues for Appeal
    4. Proving Non-Economic Damages
    5. Post-Trial Relief
  6. Ethical Considerations in Personal Injury Cases
    3:30 - 4:30, Derek R. Layser
    1. The Tripartite Relationship
    2. Conflicts of Interest
    3. Lawyer Liability
    4. Coverage Defeating Admissions
    5. Unethical Insurance Adjusters and Your Client's Claim

Seminar Summary:

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. (see full course description)

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