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Live Seminar

Auto Injury Litigation From Start to Finish

Seminar

Date:

Friday, August 18, 2017

Time:

9:00 AM - 4:30 PM

Product ID#:

76198ER

Location:

Courtyard by Marriott Philadelphia City Avenue
4100 Presidential Boulevard
Philadelphia, PA 19131

$359.00

$349 / Each Additional

Registration Includes Course Book

Credit Information

Continuing Legal Education

  • NJ CLE - 7.20
  • NY CLE - 7.00
  • PA CLE - 6.00

Program Description

Winning Strategies for Your Auto Litigation Practice

One of the truths of auto accident practice is that no matter how similar the cases look - they're never the same. Within this vast variety, however, there are patterns that form into effective legal strategies. You can spend years of trial practice amassing the information to make them apparent, or you can benefit from the decades of combined experience that our attorney faculty have distilled into a one-day crash course on getting to the successful resolution as quickly and efficiently as possible. We'll help you develop simple practical skills to streamline the process and avoid missing any pertinent issues or steps. Get the tools you need to win your next auto dispute - register today!

  • Let our attorney faculty walk you through a crash case from the time of the collision through trial.
  • Recognize the potential of each case: be it for success or spectacular failure.
  • Explore common insurance coverage sources and find out how the courts interpret specific policy language.
  • Know what to look for in medical records and where to find it.
  • Take all factors into account when determining damages and find out how to support your calculations.
  • Expand your discovery tactics with tips from seasoned litigators.
  • Understand how Medicare set-asides and medical liens affect the size of the settlement, and incorporate them into your negotiations.
  • Gain practical tips for effective communication with the claims representative and maximize your chances for successful settlement.
  • Explore the ethical implications of the tripartite relationship and guard your impeccable reputation.
  • Recognize the conditions that trigger a bad faith claim and get simple tips for settling it quickly and efficiently.

Who Should Attend

This basic-to-intermediate level seminar offers a detailed overview of auto litigation that will benefit:

  • Attorneys
  • In-House Counsel
  • Claims Representatives
  • Paralegals

Course Content

  1. Case Intake, Pre-Suit Investigation
  2. Insurance Coverage Research and Negotiations with the Claims Representatives
  3. Initial Filing and Discovery, Experts and Evidence
  4. Damages, Liens and Subrogation in Settlement Negotiations
  5. Bad Faith
  6. Ethics
  7. Arbitration and Litigation: Preparation Tips and Hearing Strategies

Continuing Education Credit


Continuing Legal Education

Credit Hrs State
CLE 7.20 -  NJ*
CLE 7.00 -  NY*
CLE 6.00 -  PA*

* denotes specialty credits

Agenda / Content Covered

  1. Case Intake, Pre-Suit Investigation
    9:00 - 9:45, John Toczydlowski
    1. Case Screening
    2. Initial Client Interview/Questionnaire
    3. What You Can Find Out before the Claim
    4. Funding Auto Litigation
  2. Insurance Coverage Research and Negotiations with the Claims Representatives
    9:45 - 10:30, TBD
    1. Auto Insurance Policies: Interpretation, Issues and Hidden Treasures
      1. Auto Liability Coverage
      2. UM/UIM
      3. PIP/ Med Pay
      4. Multiple Policyholders
      5. Stacking of Coverage
      6. Available Limits
    2. Demand Packages
    3. Negotiating with the Adjuster
  3. Initial Filing and Discovery, Experts and Evidence
    10:45 - 12:00, Stephen Bruderle
    1. Filing Procedure and Case Scheduling
    2. Anatomy of Common Injuries
    3. Witness Depositions
    4. Obtaining Medical Records
    5. Selecting and Working with Experts
    6. Evidence Preservation
  4. Damages, Liens and Subrogation in Settlement Negotiations
    1:00 - 1:45, Stephen W. Bruccoleri
    1. Assessing and Allocating Damages
      1. Vehicle Damage and Diminished Value
      2. Paid vs. Billed Medical Services
      3. Future Medical Bills
      4. Loss of Earning Capacity
      5. Pain and Suffering
    2. Medical Provider Liens
    3. ERISA Subrogation Liens
    4. Mandatory Insurer Reporting, Medicare Recovery Act, and Medicare Set-Asides
    5. Tips for Successful Mediation
    6. Addressing Pending Liens in Settlement Negotiations
    7. Subrogation
    8. Practical Tips for Restarting Stalled Negotiations
    9. Structuring Settlements
  5. Bad Faith
    1:45 - 2:30, TBD
    1. Definition of Bad Faith
    2. When Can a Bad Faith Claim be Brought?
    3. First Party Bad Faith vs. Third-Party Direct Actions
    4. Types of Bad Faith Claims in Auto Insurance Context
    5. Settlement Considerations
  6. Ethics
    2:45 - 3:45, Shawn C. Huber
    1. Preventing Conflicts of Interest
    2. Setting and Collecting Attorney Fees
    3. Maintaining Client Confidentiality
    4. Work-Product Doctrine as it Applies to Expert Witness Reports in Progress
    5. Insurance Defense Counsel Relationship with the Insured and Insurer
    6. Communicating with Represented Parties
      1. "CC," "Reply All," and Other E-mail Traps of Inadvertent Communication
      2. Plaintiff Attorneys' Communication with Represented Insurance Adjusters
      3. Investigators' Contact with the Opposing Party
  7. Arbitration and Litigation: Preparation Tips and Hearing Strategies
    3:45 - 4:30, Shawn C. Huber
    1. Arbitration Procedure and Tactics
    2. Evidence Strategies
    3. Preparing Witnesses for Testimony
    4. Jury Selection Tips
    5. Case Presentation Tactics
    6. Preserving Issues for Appeal

STEPHEN W. BRUCCOLERI is a sole practitioner in Philadelphia, where his practice is devoted to automobile accident, medical malpractice and workers' compensation. Mr. Bruccoleri earned his J.D. degree from Temple University. He was an adjunct professor of law at Rowan College and is judge pro tem for the city of Philadelphia. Mr. Bruccoleri is a member of the Philadelphia and Pennsylvania bar associations, and the New Jersey State Bar Association.

STEPHEN BRUDERLE is an attorney with Margolis Edelstein. He defends insured and self-insured entities and corporations in all manner of casualty claims, focusing on Philadelphia and the outlying counties. Mr. Bruderle has defended individuals, construction and manufacturing companies, design professionals, medical professionals, accountants, physical therapists, product manufacturers and designers, general contractors, construction managers, property owners, property management companies, and a wide array of contractors and subcontractors. He is a member of the Philadelphia Bar Association and the Philadelphia Association of Defense Counsel. Mr. Bruderle earned his B.A. degree from College of the Holy Cross and his J.D. degree, cum laude, from Widener University School of Law.

WILLIAM N. DeVITO, with The Law Offices of Leon R. Kowalski, began his career as a law clerk for the Superior Court of Connecticut. Shortly after completing his clerkship, Mr. DeVito began his litigation experience with a prominent plaintiff trial firm in New York City. In 1996, he joined an insurance carrier's staff counsel office and lead an affirmative motion unit. In 1998, he was promoted to trial attorney and exclusively handled trial matters in Kings County. After joining staff counsel, he became a dedicated handling attorney for a major municipal contractor and city agencies. From 2006 to 2008, he managed bad faith litigation throughout the country for personal lines. Mr. DeVito presently handles construction matters, automobile and general liability cases. He is active in staff counsel's CLE and CE training program, and developed and presented a program on traumatic brain injury claims. Mr. DeVito earned his B.A. degree, cum laude, from Adelphia University and his J.D. degree from Pace Law School. He is a member of the Defense Association of New York, Inc.

SHAWN C. HUBER is a partner with Brown & Connery, LLP, where he concentrates his practice in personal injury law matters. Mr. Huber formerly served as the municipal prosecutor for the boroughs of Mt. Ephraim, Pine Hill, and Clementon. He is a certified civil trial attorney by the New Jersey Supreme Court. Mr. Huber is admitted to practice in New Jersey and Pennsylvania, the U.S. District Court for the districts of New Jersey and Pennsylvania, the U.S. Court of Appeals, and the U.S. Supreme Court. He is a member of the American, New Jersey State, Pennsylvania, Camden County, Gloucester County and Philadelphia bar associations. Mr. Huber also is a member of the Association for Justice and the New Jersey Association of Justice. He earned his bachelor's degree, cum laude, from St. Joseph's University, and his J.D. degree from Rutgers University School of Law - Camden.

JOHN TOCZYDLOWSKI is the President at Toz Law Group, LLC, where he practices in the areas of plaintiff and defense litigation in personal injury matters, trucking litigation, residential and commercial real estate, leasing, inspection, and other matters, and contract negotiation and drafting. Mr. Toczydlowski is also seeking his re-certification to practice before the Board of Veterans Appeals. He is also a certified mediator and would happily work as an arbitrator or mediator for your legal matters. Toczydlowski earned his Dual B.A. degree from La Salle University and his J.D. degree from Temple University - James E. Beasley School of Law. He is a member of the American Bar Association and Pennsylvania Bar Association.

Please refer to Continuing Education Credit FAQ for general information about seeking credit for your participation in one of our continuing education programs.

Additionally, our team of credit specialists are here to answer your specific credit-related questions weekdays 7am - 5pm Central:

Phone: 866-240-1890

Email: credit@nbi-sems.com


Accreditation Details

Continuing Legal Education

NJ CLE: 7.20 Including - Ethics: 1.20
This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 7.2 hours of total CLE credit. Of these, 1.2 qualify as hours of credit for ethics/professionalism.


NY CLE: 7.00 Including - Areas of Professional Practice: 6.00, Ethics: 1.00
This course has been approved in accordance with the requirements of the New York State Continuing Legal Education Board for a maximum of 7.0 credit hours. 6.0 hours may be applied to the areas of professional practice requirement and 1.0 hour can be applied toward the ethics and professionalism requirement. This live format program is appropriate for newly admitted and experienced attorneys.


PA CLE: 6.00 Including - Ethics: 1.00
This program has been approved by the Pennsylvania Continuing Legal Education Board for a total of 6.0 hours, including 5.0 hours of substantive law, practice and procedure CLE credit and 1.0 hour of ethics, professionalism or substance abuse CLE credit.


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