Doctor Insights and Real-World Negotiation and Litigation Techniques
Plaintiffs can recover for exacerbation or aggravation - but they are not entitled to recover for pre-existing conditions or injuries themselves. This can provide challenges for plaintiff's attorneys and powerful ammunition for insurance companies. Getting fair compensation in a pre-existing injury case can be a struggle, but there are strategies you can employ to maximize your chances of success. In this program, doctor and seasoned attorney faculty will show you how to establish exacerbation of a pre-existing injury, combat insurer techniques and ultimately increase case value. Build your skills - register today!
- Hear how doctors differentiate new vs. recurring vs. aggravated injury.
- Learn how to thoroughly investigate pre-existing injuries.
- Discover how to successfully maximize damages and settle a pre-existing injury case.
- Gain techniques for addressing a plaintiff's pre-existing injuries in front of a jury.
11:00 am to 2:15 pm Eastern Standard Time
Presenters: Dr. David Cooper and Ashton E. Thomas
11:00 - 12:00, Dr. David Cooper
- Doctor Insights on Pre-Existing Conditions/Injuries
- New Injury vs. Recurrence vs. Natural Progression vs. Aggravation of Injury
- Pre-Existing Condition vs. Pre-Disposition
- How to Medically Prove or Disprove Causation
- Temporary vs. Permanent Aggravation
- Apportioning Aggravation from Pre-Existing Conditions
- Objective vs. Subjective Findings
12:15 - 2:15, Ashton E. Thomas
- Spotting Red Flags During Intake; Obtaining and Analyzing Medical History
- Intake for Clients with Pre-Existing Injuries
- Locating and Requesting ALL of the Medical Records - Tips and Tactics
- Source, Timing, Placement and Seriousness of the Previous Injury
- Digging Deep Into Past Health Insurance and Employment History
- Social Media, Smartphones, etc. - What to Look for, Where to Find it
- What to Look for in Medical Records - Before and After the Accident
- What to Look for in MRIs, X-Rays, etc. - Before and After the Accident
- Were Your Client's Pre-Existing Conditions Unrecorded?
- Application of the "Eggshell Plaintiff" Doctrine
- Overcoming Plaintiff's Pre-Existing Injury and Maximizing Damages
- Pre-Existing Injury: A Two-Edged Sword
- Plaintiff Reporting Form
- Medical Experts and Reports
- Mediation and Settlement Conferences
- Proving Non-Economic Damages
- Proving Economic Damages
- Trial: Presenting Evidence of the Previous Injury to the Judge/Jury
- Voir Dire: Dealing with Pre-Existing Conditions
- Effective Openings
- Showing Aggravation/Exacerbation Through Demonstratives
- Helping Jurors Understand Complex Medical Concepts and Injuries
- Using Experts to Minimize Medical History
- Maximizing Your Client's Credibility
- Closing Argument Strategies and Jury Instructions
This program is designed for attorneys. Paralegals may also benefit.