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1. Types of Damages in an Injury Suit
2. Documenting the Extent of the Injury
3. Quantifying Damages
4. Sources of Recovery and Liens
5. Legal Ethics
6. Negotiating and Litigating the Damages: Defense Perspective
7. Negotiating and Litigating the Damages: Plaintiffs' Tactics

1. Types of Damages in an Injury Suit
   9:00 - 10:00, Keith P. Richards
   1. General vs. Special Damages
   2. Past and Future Physical and/or Emotional Pain and Suffering
   3. Loss of Companionship/Consortium
   4. Disfigurement
   5. Loss or Impairment of Mental or Physical Capacity
   6. Loss of Enjoyment of Life
   7. Loss of Opportunity
   8. Loss of Income, Earning Capacity and Future Fringe Benefits
   9. Punitive Damages
   10. Damages in Fatality Cases
2. Documenting the Extent of the Injury
   10:15 - 11:00, Keith P. Richards
   1. Temporary or Permanent Injuries?
   2. Pre-Existing, Recurring, Aggravated Conditions
   3. Present and Future Medical Expenses – What is Reasonable and Necessary?
   4. Using Medical Records to Get an Accurate Assessment
3. Quantifying Damages
   11:00 - 12:15, Keith P. Richards
   1. Factors to Consider in Quantifying Damages
      1. Age of the Plaintiff
      2. Education and Professional Training (physical and mental requirements)
      3. Potential Vocational Re-Training Costs
      4. Gender (in cases of disfigurement)
   2. Joint and Several Liability and Apportionment
   3. Sources of Statistical Data
      1. Inflation Adjustment
      2. Labor Statistics
      3. Dictionary of Occupational Titles
   4. Using Experts to Quantify Damages
   5. Past and Future Medical Expenses/Treatment
      1. Hospital Stay
      2. Emergency Medical Services
      3. Doctors and Diagnostic Tests
      4. Physical Therapy
      5. Nursing Services
      6. Appliances
      7. Prescription Drugs and Other Medical Expenses
      8. Transportation and Temporary Housing Expenses
   6. Property Damage in an Injury Case
   7. Determining Future Value: Present Value vs. Inflation and Cost-of-Living Adjustment
4. Sources of Recovery and Liens
   1:15 - 2:00, Keith P. Richards
   1. Collateral Source Rule
   2. Insurance Coverage
   3. Subrogation Gap after Swanson v. Brewster
   4. Claims Against Recovery
      1. Medicare Set-Asides
      2. Workers' Compensation Liens
      3. Medical Provider Liens
      4. Health Insurance Liens
5. Legal Ethics
   2:15 - 3:15, Robert D. Hoover
   1. Researching and Avoiding Conflicts of Interest
   2. Attorney Fees
   3. Medical Records and HIPAA Compliance
   4. Protecting Confidentiality
6. Negotiating and Litigating the Damages: Defense Perspective
   3:15 - 3:45, Robert D. Hoover
   1. Negotiating Tactics
   2. Subrogation
   3. Key Pleadings and Motions
7. Negotiating and Litigating the Damages: Plaintiffs' Tactics
   3:45 - 4:30, Michael L. Hebert
   1. Direct Negotiations with Insurance Claims Representative
   2. Lay Witnesses
   3. Using Expert Reports and Testimony
   4. Use of Demonstrative Evidence
   5. Key Pleadings and Motions
   6. Hearsay
   7. Wrongful Death Actions

MICHAEL L. HEBERT is a sole practitioner in Baton Rouge where his practice includes personal injury, workers' compensation, and Social Security disability. He received his B.S. degree in civil engineering from the University of Southwestern Louisiana and his J.D. degree from Louisiana State University. Mr. Hebert is licensed to practice law in Louisiana and Texas. He is a frequent speaker in the area of workers' compensation and was previously co-chair of the Baton Rouge Bar Association Workers' Compensation Committee. Mr. Hebert is a member of the Louisiana State Bar Association, the State Bar of Texas, the American Bar Association, the Louisiana Association for Justice, the Texas Trial Lawyers Association, the American Association for Justice, the Baton Rouge Bar Association, the American Society of Civil Engineers and the Louisiana Engineering Society.

ROBERT D. HOOVER is a member of Robert D. Hoover, A Professional Law Corporation, in Baton Rouge, where he practices in the areas of insurance defense law, personal injury, toxic tort law, workers' compensation and successions law. Mr. Hoover has spoken for various professional groups. He earned his B.A. and J.D. degrees from Louisiana State University. Mr. Hoover is a member of the Baton Rouge, Louisiana State and American bar associations; the Louisiana Trial Lawyers Association; the Louisiana Association of Defense Counsel; and an emeritus member of the Dean Henry George McMahon American Inns of Court.

KEITH P. RICHARDS is a sole practitioner in Baton Rouge, where he maintains a civil litigation practice devoted primarily to the representation of plaintiffs in personal injury litigation. Mr. Richards has previously provided continuing legal education instruction on an array of topics including proving damages in personal injury litigation, nursing home malpractice litigation, automobile accident litigation, insurance bad faith litigation and insurance coverage litigation. He earned bachelor's, master's and law degrees from LSU, and is a proud member of the Louisiana Association for Justice.

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