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