Successfully Argue the Most Subjective Damages in Injury Settlements and Judgments
How do you put a monetary value on physical pain and emotional and mental harms? How can you convince an opposing party or jurors of the true extent or nature of a claimant's suffering? In this program, knowledgeable attorney faculty will share their know-how and concrete approaches to negotiating or litigating these intangible damages. Take control of injury case recoveries - register today!
- Hear from a doctor on how to find objective correlation to subjective complaints of pain.
- Think like an adjuster: find out what factors insurance companies consider when gauging P&S.
- Discover when pain, suffering and other nonmedical losses are subject to a lien.
- Explore the tactics defense attorneys use to keep pain and suffering damages down.
- See how plaintiffs' attorneys quantify, prove and increase pain and suffering damages.
- Find out how to use the discovery process to develop or defend against pain and suffering claims.
- Learn how to get your proofs admitted (and keep theirs out).
All times are shown in Eastern time
- Pain and Suffering Damages: A Brief Introduction
9:00 - 9:45, Gary Goldberg
- How Insurance Companies Evaluate Pain and Suffering
9:45 - 10:30, Gary Goldberg
- Key Factors Adjusters Consider
- Colossus/Software Programs
- Claimant and Attorney Factors
- Setting of Reserves
- Insurance Coverage
- Documentation That Makes a Difference in an Adjuster's Evaluation
- Doctor Insights on Pain, Suffering and Causation
10:45 - 12:00, Dr. Owen B. Pickus
- The Science of Pain
- Physical Pain and Suffering vs. Mental Suffering
- Measuring Pain: Objective vs. Subjective Diagnosis and Testing
- Acute Pain vs. Chronic Pain
- Pain Over Time
- How Pain is Treated/Controlled
- Cause of Pain: Injury, Aging or Prior/Subsequent Conditions?
- How Pain Can Exacerbate or Trigger Other Conditions
- Quantifying Pain and Suffering Damages
1:00 - 1:45, Christopher Harmon
- Factors to Consider in Quantifying Pain and Suffering Damages
- Finding Evidence: What to Look for, Where to Get It
- Medical Records, Charts, Prescriptions and Doctors' Notes
- Documenting Psychological Harms
- Liability and Apportionment
- Authoritative Resources to Use
- Using Experts to Quantify Pain and Suffering
- Calculating Future Pain and Suffering
- Handling Lien Claims
1:45 - 2:15, James B. Haddow
- Understanding Lien Rights and Limitations
- When Are Pain, Suffering and Other Nonmedical Losses Subject to a Lien?
- Ahlborn and Other Key Case Law
- Settlement Designations and Allocations
- Building a Case to Limit Repayment
- Handling Claims Against Recovery
- Medicare Liens
- Medicaid Liens
- ERISA/Health Insurance Liens
- Negotiating and Litigating P&S Damages: Defense Perspective
2:15 - 2:45, John W. Chapman
- Using Discovery to Defend Against Pain and Suffering Claims
- IMEs and the Examiner's Observations
- How to Counter Sympathy Tactics and Graphic Displays
- Negotiating Tips to Minimize Pain and Suffering
- How to Get Your Evidence Admitted and Keep Theirs Out
- Jury Selection/Voir Dire Questions
- Using Medical Records/Notes and Doctor Testimony
- How to Present Pain and Suffering at Closing
- Negotiating and Litigating P&S Damages: Plaintiffs' Tactics
3:00 - 3:30, Dr. Owen B. Pickus
- Direct Negotiations with Insurance Claims Representative
- Lay Witnesses
- Using Expert Reports and Testimony
- Using the Discovery Process to Build Pain and Suffering Claims
- Pain and Suffering in Wrongful Death Cases
- How to Get Your Pain and Suffering Evidence Admitted (and Keep Theirs Out)
- How to Prove Pain and Suffering at Trial
- Legal Ethics
3:30 - 4:30, James B. Haddow
- Attorney-Client Relationship
- Conflicts of Interest
- Medical Records and HIPAA Compliance
- Attorneys' Fees
- Duty of Candor
- Painkiller Addiction: Handling Impaired Clients