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Damages in Personal Injury

presented by NBI, Inc.
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Damages in Personal Injury

Workshop Description/Agenda

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.
  • Distinguish current injury from pre-existing and recurring conditions.
  • 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.
  • Fulfill your ethics credit and get actionable tactics for preventing legal malpractice.


  1. Types of Damages in an Injury Suit
    9:00 - 10:00, Francis M. Hinson IV
    1. General vs. Special Damages
    2. Past and Future Physical and/or Emotional Pain and Suffering
    3. Loss of Companionship/Consortium
    4. Disfigurement
    5. Loss or Impairment of Mental or Physical Capacity
    6. Loss of Enjoyment of Life
    7. Loss of Opportunity
    8. Loss of Income, Earning Capacity and Future Fringe Benefits
    9. Punitive Damages
    10. Damages in Fatality Cases
  2. Documenting the Extent of the Injury
    10:15 - 11:15, H. Asby Fulmer III
    1. Temporary or Permanent Injuries?
    2. Pre-Existing, Recurring, Aggravated Conditions
    3. Present and Future Medical Expenses - What is Reasonable and Necessary?
    4. Using Medical Records to Get an Accurate Assessment
  3. Quantifying Damages
    11:15 - 12:15, Clarence Davis
    1. Factors to Consider in Quantifying Damages
      1. Age of the Plaintiff
      2. Education and Professional Training (physical and mental requirements)
      3. Potential Vocational Re-Training Costs
      4. Gender (in cases of disfigurement)
    2. Joint and Several Liability and Apportionment
    3. Sources of Statistical Data
      1. Inflation Adjustment
      2. Labor Statistics
      3. Dictionary of Occupational Titles
    4. Using Experts to Quantify Damages
    5. Past and Future Medical Expenses/Treatment
      1. Hospital Stay
      2. Emergency Medical Services
      3. Doctors and Diagnostic Tests
      4. Physical Therapy
      5. Nursing Services
      6. Appliances
      7. Prescription Drugs and Other Medical Expenses
      8. Transportation and Temporary Housing Expenses
    6. Property Damage in an Injury Case
    7. Determining Future Value: Present Value vs. Inflation and Cost-of-Living Adjustment
  4. Sources of Recovery and Liens
    1:15 - 2:15, Robert L. Brown
    1. Collateral Source Rule
    2. Insurance Coverage
    3. Significant Case Law
    4. Claims Against Recovery
      1. Medicare Set-Asides
      2. Workers' Compensation Liens
      3. Medical Provider Liens
      4. Health Insurance Liens
  5. Legal Ethics
    2:15 - 3:15, Robert D. Dodson
    1. Trust Account Pitfalls to Avoid
    2. Researching and Avoiding Conflicts of Interest
    3. Attorney Fees
    4. Medical Records and HIPAA Compliance
    5. Protecting Confidentiality
  6. Negotiating and Litigating the Damages
    3:30 - 4:30, Robert L. Brown

Who Should Attend

This basic-to-intermediate level seminar offers a comprehensive view of damages in personal injury and will benefit:

  • Attorneys
  • Corporate Counsel
  • Claims Representatives
  • Paral

Additional Information

Training Provider: NBI, Inc.

Course Topics: Law Training > Personal Injury

Training Course Summary: Damages in Personal Injury

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