Training Course
Syllabus:
This one-day seminar is primarily designed for attorneys. Legal staff, claims managers, risk managers and other insurance professionals may also benefit from attending.
Automobile insurance law is constantly changing. Whether you are involved in the plaintiff or defense side of a motor vehicle accident, you must remain informed of recent developments. A complete understanding of automobile insurance law and the procedures in handling a motor vehicle accident claim is essential.
This seminar will facilitate your understanding of current issues and recent developments in automobile insurance and personal injury law as well as tips in handling auto accident cases from the defense and plaintiff’s perspective.
9:00 a.m. - 10:30 a.m.
I. Handling The Automobile
Lawsuit – The Plaintiff’s
Perspective
A. Initial Considerations For The Plaintiff’s Attorney And Evaluation Of The Client’s Case
B. Preparation For Pre-Suit Settlement And/Or Pre-Suit Negotiation, The Plaintiff’s Perspective
C. Properly Preparing The Case For Trial, Plaintiff’s Check List
10:30 a.m. - 10:45 a.m.
Break
10:45 a.m. - 12:15 p.m.
II. Plaintiff’s Perspective Of Gaining
A Winning Edge In Litigating
The Auto Case
A. Juries – Are They Too Poisoned To Be Fair And Reasonable?
B. Voir Dire Considerations – How Can I Obtain A Fair And Impartial Jury?
C. Witness Preparation
D. What You Must Do When Preparing Your Witnesses
E. How Can I Deliver An Effective Opening Argument?
F. How To Persuade The Jury In The Presentation Of The Case?
G. Closing Statement – The Final Words Of Persuasion
H. A Final Word On The Dynamics Of The Trial
12:15 p.m. - 1:15 p.m.
Lunch (On Your Own)
III. Handling The Automobile
Lawsuit – The Defense
Perspective
1:15 p.m. - 1:45 p.m.
A. Mediation
1. When Is It Necessary And What Does It Mean For Your Client?
2. ADR Rules And Requirements
3. Case Evaluation: What Do You Need To Know?
4. Mediation Submission
5. Liens
6. Settlement And Release
7. Tricks Of The Trade
1:45 p.m. - 2:15 p.m.
B. Deposing Plaintiffs In Automobile Litigation
1. Timing: Are You Ready To
Take The Plaintiff’s
Deposition?
2. Types Of Information You
Are Looking For
3. Other Benefits
2:15 p.m. - 2:30 p.m.
Break
2:30 p.m. - 3:00 p.m.
C. To IME Or Not To IME, That Is The Question
1. When Is IME A Good Idea
2. The IME Not Always
Necessary
3. Records Review First?
4. Requirements Of Trial Rule 35
5. Case Law Concerning
IMEs
3:00 p.m. - 3:30 p.m.
D. Cross Examination Of The Medical Witness
1. Fundamental Principles To Follow
2. Independent Recollection
3. The Doctor’s File
4. Note Taking
5. Records From Other
Doctors
6. Bias And Prejudice
7. Subjective vs. Objective
8. Technical Terms
3:30 p.m. - 4:30 p.m.
E. “Hot” Jury Trial Issues And Applications Of Recent Case Law By Judges
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