Training Course
Syllabus:
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.
- Discover time-tested methods for handling complex subrogation issues.
- 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.
- Developing Damages Through Case Strategy and Preparation
9:00 - 10:00, Robert B. Buckalew, William C. Frye and Floyd A. Healy
- Initial Considerations for the Plaintiff and Defendant
- Thorough Case Investigation Techniques
- Things to Consider When Evaluating the Issue of Liability as Impacting Damages
- Evaluating Damages in a Personal Injury Case
10:15 - 11:15, Robert B. Buckalew, William C. Frye and Floyd A. Healy
- Types of Damages
- Pleadings Regarding Damages in Personal Injury Cases
- Coverage Issues that Influence Damages
- Lien Considerations Impacting Damages in Personal Injury Cases
11:15 - 12:15, Robert B. Buckalew, William C. Frye and Floyd A. Healy
- Statutory Provisions for Medical Liens
- Establishing Attorney Liens
- Handling Subrogation
- Negotiation Versus Litigation of Damages in a Personal Injury Case - Plaintiff’s and Defense Perspectives
1:15 - 2:15, Robert B. Buckalew, William C. Frye and Floyd A. Healy
- Strategic Time for Discussing Settlement
- Determining When to Use ADR Techniques
- The Mediation Process
- The Arbitration Process
- Concluding a Settlement
- Trial of the Case as Impacting Damages
2:30 - 3:30, Robert B. Buckalew, William C. Frye and Floyd A. Healy
- Introduction
- Thorough Preparation
- Choose Your Trial Methods: Jury or Non-Jury?
- Jury Consultants
- Depositions
- Pretrial Motions and Offers of Judgment
- Preparing Exhibits
- Voir Dire of Jury Panel
- Opening Statements
- Direct Examination
- The Use of Expert Witnesses
- Effective Use of Demonstrative Evidence
- Demonstrating the Impact of Injuries
- Prepare For the Unknown During Cross-Examination
- Closing Arguments
- Legal Ethics
3:30 - 4:30, Robert B. Buckalew, William C. Frye and Floyd A. Healy
- Following the Rules of Professional Conduct
- Maintaining Confidentiality
- Researching and Avoiding Conflicts of Interest
- Pitfalls to Avoid When Representing Multiple Claims
- Declining or Terminating Representation
- Protecting Confidentiality: Contacts with Persons Other Than Clients
- Medical Records and HIPAA Compliance
- Settling the Question of Legal Fees
- Avoiding Legal Malpractice in Personal Injury Actions
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