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.

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

Seminar Summary:

Learn to analyze and quantify the effect of an injury on the plaintiff's current and future life to maximize or contest the recovery. (see full course description)

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