From Initial Investigation to Settlement or Trial
Every year, the National Highway Traffic Safety Administration reports more than 6 million motor vehicle traffic crashes, more than a third of which result in injuries or death. When these injuries are the result of negligence and a prospective client seeks your counsel, will you know how to proceed? This intensive, full-day program will walk you through the key stages of an auto injury case with real-world instruction and tips. From case intake and initial investigation to settlement or trial, get the practical skills you need to steer auto injury cases toward a favorable resolution. Register today!
- Weed out problematic cases that will only cost you time and money.
- Learn the unique mechanics of uninsured/underinsured motorist coverage and claims.
- Find out how to calculate damages and draft a demand that grabs the adjuster’s attention.
- Prevent liens and subrogation interests from taking a big bite out of case recoveries.
- Determine how to spot bad faith insurance practices, particularly in the UM/UIM claim context.
- Move your auto injury case through court, from the initial filings to discovery to trial.
- Explore ethics issues for personal injury attorneys and learn the keys to compliance.
- Screening Cases and Conducting an Initial Investigation
9:00 - 9:50, Edward Brutscher
- Conducting the Initial Meeting and Screening Cases
- Sample Client Questionnaire, HIPAA Authorization, etc.
- "What is My Case Worth?" Responding to Common Questions
- Evaluating Insurance Coverage
- Investigating Police Reports and the Accident Scene
- Requesting Medical Records and Assessing the Injury
- What Else Can You Find Out Before the Claim?
- When and How to Use Experts
- Funding Your Case
- UM/UIM Coverage and Claims Made Simple
9:50 - 10:40, Kevin P. Kinney
- UM/UIM Law Fundamentals
- Clarifying UM/UIM Coverage
- How to Determine if the Motorist is Underinsured
- Stacking 101
- UM/UIM Claims and Litigation: Process Overviews and Key Issues
- Calculating Damages and Negotiating with Insurance Companies
10:55 - 11:45, Kevin P. Kinney
- Assessing Vehicle Damage and Diminished Value
- Valuing Past and Future Medical Expenses
- Quantifying Lost Wages and Diminished Earning Capacity
- Calculating Pain and Suffering Damages
- Drafting and Timing Demand Letters
- Negotiating with Insurance Adjusters
- Preparing Settlement and Release Agreements
- Liens and Subrogation: Step-by-Step
12:45 - 1:35, David H. Abney II
- Types of Liens and Applicable Laws
- Uncovering Potential Liens and Notifying Claimants
- Determining if You Should Establish a Medicare Set Aside
- Investigating Plan Language and Recovery Rights
- Filtering Out Items Unrelated to the Injury
- Tools for Eliminating/Reducing Liens
- Negotiating with Lien Holders
- Allocating and Distributing Settlement or Judgment Proceeds
- Identifying Bad Faith Conduct in Auto Accident Claims
1:35 - 2:25, Edward Brutscher
- What is Insurance Bad Faith?
- Case Law Review
- Spotting Red Flags in Third-Party Claims
- Identifying Bad Faith Practices in UM/UIM Claims
- Handling Bad Faith Allegations
- Litigating and Trying Auto Injury Cases
2:40 - 3:30, Robert J. Rosing
- Case Filing and Sample Pleadings
- Sample Discovery in Auto Injury Cases
- Collecting Smartphone and Other Electronic Evidence
- Taking (and Defending) Depositions
- Mediation Tips
- Effective Motion Practice
- Applying the Collateral Source Rule
- Selecting a Jury (w/Sample Voir Dire Questions)
- Trying the Auto Injury Case
- Complying with Legal Ethics Rules and Guidelines
3:30 - 4:30, Robert J. Rosing
- Preventing Conflicts of Interest
- Managing Client Expectations
- Protecting Confidentiality and Privilege
- Handling Attorney Fees and Trust Accounts
- Advertising and Marketing Ethics