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| From Event: Litigating the Low-Impact Collision Case, held September 2010.
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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, Ronald S. Todd - 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, Ronald S. Todd - 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, Donald D. Douglass Jr. - 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 - 2:00, Jennifer M. Lute Costella - 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
2:00 - 2:45, Donald D. Douglass Jr. - Past Medical Bills
- Future Medical Bills
- Lost Earnings
- General Damages
- Product Liability Considerations
- Strategies for Early Resolution
- Creating Demand Packages
- Negotiating Techniques
- ETHICS
3:00 - 4:00, Jennifer M. Lute Costella - Confidentiality
- Conflicts of Interest
- The Tripartite Relationship
- Attorneys' Fees
- Medical Records Privacy – HIPAA
- Ethical Advertising of Your Legal Practice
- TRIAL PREPARATION AND COURTROOM TACTICS
4:00 - 4:30, Jennifer M. Lute Costella - 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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DONALD D. DOUGLASS JR. is a litigation attorney with more than 30 years of legal experience in the property and casualty insurance industry as an established insurance defense trial attorney and managing attorney. He is licensed to practice law in Indiana and Michigan. Mr. Douglass has strong insurance claims and litigation management background. He now handles personal injury claims and litigation, insurance disputes and coverage matters and consultations and referrals from other attorneys regarding personal injury cases and insurance issues. Mr. Douglass is listed on Indiana's Registry of Approved Civil Mediators. He is a member of the Indianapolis Bar Association, Indiana State Bar Association, State Bar of Michigan and American Bar Association. Mr. Douglass earned his B.A. degree from Miami University and his J.D. degree from Detroit School of Law. JENNIFER M. LUTE COSTELLA started her legal career as in-house counsel focused on insurance defense, including coverage disputes, fraud and automobile liability. Ms. Lute Costella then joined a multi-state law firm in Northwest Indiana and now practices with the law firm of Metzger Rosta LLP based in Noblesville, Indiana. Her litigation practice is concentrated in the areas of insurance and self-insured corporation defense, including contractual, automobile, trucking, products and premises liability, as well as restaurant liability. She has tried cases to juries and the bench in many counties throughout the State of Indiana. Ms. Lute Costella is admitted to practice law in the State of Indiana, and before the U.S. District Court for the Northern District of Indiana and the U.S. District Court for the Southern District of Indiana. She earned her J.D. degree from Valparaiso University School of Law in Valparaiso, Indiana, and her Bachelor of Liberal Studies degree from Purdue University. RONALD S. TODD is a sole practitioner in Noblesville, Indiana, where he practices in the areas of criminal and civil litigation. He has lectured previously for National Business Institute, and he is a member of the Indianapolis and American (Litigation and Small Firm sections) bar associations, and the Indiana State Bar Association (Litigation and Small Firm sections; Law Office Management, and Small Firm and Solo Conference committees), the American Association for Justice (Criminal Law, and Sole Practitioner and Small Firm sections), and the Indiana Trial Lawyer Association (sustaining member). Mr. Todd earned his B.A. degree from Miami University, his M.S.M. degree from Purdue University and his J.D. degree, cum laude, from Notre Dame University.
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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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