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Proving Exacerbation of Pre-Existing Injuries: Doctor and Attorney Perspectives

presented by NBI, Inc.
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Proving Exacerbation of Pre-Existing Injuries: Doctor and Attorney Perspectives

Workshop Description/Agenda

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

  1. Doctor Insights on Pre-Existing Conditions/Injuries
    1. New Injury vs. Recurrence vs. Natural Progression vs. Aggravation of Injury
    2. Pre-Existing Condition vs. Pre-Disposition
    3. How to Medically Prove or Disprove Causation
    4. Temporary vs. Permanent Aggravation
    5. Apportioning Aggravation from Pre-Existing Conditions
    6. Objective vs. Subjective Findings

12:15 - 2:15, Ashton E. Thomas

  1. Spotting Red Flags During Intake; Obtaining and Analyzing Medical History
    1. Intake for Clients with Pre-Existing Injuries
    2. Locating and Requesting ALL of the Medical Records - Tips and Tactics
    3. Source, Timing, Placement and Seriousness of the Previous Injury
    4. Digging Deep Into Past Health Insurance and Employment History
    5. Social Media, Smartphones, etc. - What to Look for, Where to Find it
    6. What to Look for in Medical Records - Before and After the Accident
    7. What to Look for in MRIs, X-Rays, etc. - Before and After the Accident
    8. Were Your Client's Pre-Existing Conditions Unrecorded?
    9. Application of the "Eggshell Plaintiff" Doctrine
  2. Overcoming Plaintiff's Pre-Existing Injury and Maximizing Damages
    1. Pre-Existing Injury: A Two-Edged Sword
    2. Plaintiff Reporting Form
    3. Medical Experts and Reports
    4. Mediation and Settlement Conferences
    5. Proving Non-Economic Damages
    6. Proving Economic Damages
  3. Trial: Presenting Evidence of the Previous Injury to the Judge/Jury
    1. Voir Dire: Dealing with Pre-Existing Conditions
    2. Effective Openings
    3. Showing Aggravation/Exacerbation Through Demonstratives
    4. Helping Jurors Understand Complex Medical Concepts and Injuries
    5. Using Experts to Minimize Medical History
    6. Maximizing Your Client's Credibility
    7. Closing Argument Strategies and Jury Instructions

Who Should Attend

This program is designed for attorneys. Paralegals may also benefit.

Additional Information

Training Provider: NBI, Inc.

Course Topics: Law Training > Personal Injury

Training Course Summary: Proving Exacerbation of Pre-Existing Injuries: Doctor and Attorney Perspectives

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