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| From Event: Litigating Low-Impact Collision Cases, held November 2011.
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Program Description
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When a client comes to you with no broken bones and just a scratch on the car bumper, but in excruciating pain – will you be able to help? Low-impact crash cases are becoming increasingly more complex and harder to prove, and you'll need all the “tricks in the book” to get results. This course explores the latest in litigation approaches and medical theories to help you support your case and provides procedural tips to increase efficiency. Get legal strategies and practical skills to make these cases a profitable part of your practice. Order today!
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Course Content
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- Special Considerations in Low-Impact Collision Cases
- Pre-Suit Investigation, Case Intake and Insurance Negotiations
- Filing the Suit and Maximizing Discovery
- Common Defense Strategies
- Damages, Demands and Settlement Negotiations
- Ethics
- Trial Preparation and Courtroom Tactics
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Continuing education credit is not available at this time.
For additional questions regarding continuing education credits please
contact us at 866-240-1890 or credit@nbi-sems.com.
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Agenda / Content Covered:
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- SPECIAL CONSIDERATIONS IN LOW-IMPACT COLLISION CASES
9:00 - 9:45, Brian Lutness - Types of Collisions and Vehicles/Pedestrians Involved (cars/trucks, bicycles, ATVs, golf carts, cranes, other construction equipment, etc.)
- Common Injuries and Damage Sustained
- Overtreatment and “Eggshell” Plaintiffs
- Additional Burden of Proof and Insurance Considerations
- Legislative and Case Law Update
- PRE-SUIT INVESTIGATION, CASE INTAKE AND INSURANCE NEGOTIATIONS
9:45 - 10:45, Brian Lutness - Case Screening and Initial Client Interview/Questionnaire
- Crash Scene Investigation and Witness Location
- Uncovering Risk Factors – What are the Chances of the Case Winning? What is the Case Worth if it Wins? How Much Time/Money/Effort Will it Cost to Win It?
- Locating Liable Parties and Sources of Coverage
- Insurance Coverage, Liens and Subrogation
- Auto Liability Coverage/UM/UIM/PIP/No-Fault
- Subrogation
- Drafting Demand Letters and Negotiating With the Insurance Company
- Bad Faith
- Workers' Compensation, Medicare Set-Asides and Other Liens
- FILING THE SUIT AND MAXIMIZING DISCOVERY
11:00 - 12:00, Christopher T. Logullo - Case Filing Procedure – Important Deadlines to Comply With
- Sample Initial Pleadings and Motions
- Witness Interviews
- Written Discovery – Procedure and Forms
- The Vehicle
- Photos
- Preservation of the Vehicle
- Auto Forensic Experts
- Pre-Existing Vehicle Damage
- Medical Records Specifics
- What Information You're Looking for and in What Documents it is Recorded
- Whom to Ask for it and How Far Back in Time to Go
- Deciphering the Records
- Effective Use of Experts
- Proving/Disproving Whiplash
- Arguing the Significance of “Normal” X-Ray Findings and Soft Tissue Injury
- Keeping Down the Litigation Costs
- COMMON DEFENSE STRATEGIES
1:00 - 1:45, Christopher T. Logullo - Pre-Existing Conditions
- Minor Damage to Vehicle – Admissibility of Police Report and Photographs
- Delay in Manifestation of Symptoms
- Short-Term vs. Long-Term Injuries
- DAMAGES, DEMANDS AND SETTLEMENT NEGOTIATIONS
1:45 - 2:30, Mary E. Sherlock - Past Medical Bills
- Future Medical Bills
- Lost Earnings
- General Damages
- Product Liability Considerations
- Strategies for Early Resolution
- Creating Demand Packages
- Negotiating Techniques
- ETHICS
2:45 - 3:45, Brian Lutness - Confidentiality
- Conflicts of Interest
- The Tripartite Relationship
- Attorneys' Fees
- Medical Records Privacy – HIPAA
- Ethical Advertising of Your Legal Practice
- TRIAL PREPARATION AND COURTROOM TACTICS
3:45 - 4:30, Mary E. Sherlock - Preparing the Case for Trial
- Communication With Treating Physicians
- Economical Use of Expert Witnesses
- Location and Preparation of Trial Exhibits
- Communication With Lay Witnesses
- Use of Focus Groups
- Managing Client Expectations
- Realities of Prospective Juror Bias
- Credibility of Your Claims
- Taking Into Account the Average Income Level in the Jurisdiction (Will it Affect How Much the Jury's Likely to Award?)
- Short Trial Procedures and Tactics
- Case Presentation Tips
- Admitting or Excluding Vehicle Photos
- Presenting Expert Testimony
- What Options Exist After the Trial
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CHRISTOPHER T. LOGULLO is an attorney with the Wilmington law firm of Chrissinger & Baumberger, a firm that serves as in-house trial counsel for Liberty Mutual Insurance Company. He practices in the areas of personal injury and workers' compensation. Mr. Logullo has lectured at seminars before the Delaware State Bar Association and to various insurance companies. He received his B.S. degree from the University of Delaware and his J.D. degree, cum laude, from Widener University School of Law. Mr. Logullo is a member of the Delaware State Bar Association. BRIAN LUTNESS is a partner in the Wilmington law firm of Silverman McDonald & Friedman, where he is involved in all phases of litigation for primarily personal injury, workers' compensation and product liability cases. He represents both plaintiff and defense clients. Mr. Lutness received his B.A. degree from the University of Delaware and his J.D. degree from Pace University Law School. He is a member of the Delaware State and American bar associations. MARY E. SHERLOCK is the managing partner of the Dover law firm of Weber Gallagher Simpson Stapleton Fires & Newby LLP. Ms. Sherlock focuses her practice on insurance defense litigation, first party and third party claims and subrogation matters. She has been a practicing trial lawyer for 26 years and has litigated in all of the Delaware courts. Ms. Sherlock is a member of the Delaware Chapter of the American Board of Trial Advocates; former president and current board member of the Community Legal Aid Society, Inc. (CLASI); past member of the Delaware State Bar Association Executive Committee; past board member of the Delaware Bar Foundation and past president of the Kent County Bar Association. She is a member of the Delaware Bar Judiciary Committee, Terry-Carey American Inn of Court and the Elizabeth W. Murphy School Board of Directors. She also served as an attorney for the Delaware House of Representatives for four years. Ms. Sherlock earned her B.A. degree from LeMoyne College and her J.D. degree from Widener University School of Law.
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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
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| Web: |
Order Now
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| Call: |
800.930.6182 |
| Fax: |
715.835.1405 |
| Mail: |
NBI
P.O. Box 3067
Eau Claire, WI 54702
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