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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, Thierry V. Barkley and Justin M. Clouser
   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
   10:00 - 10:30, David M. Zaniel
   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
   10:45 - 11:45, David M. Zaniel
   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
   12:45 - 1:45, Thierry V. Barkley
   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
   1:45 - 2:45, Thierry V. Barkley
   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
   3:00 - 3:30, Thierry V. Barkley
   1. Negotiating Tactics
   2. Subrogation
   3. Key Pleadings and Motions
7. Negotiating and Litigating the Damages: Plaintiffs' Tactics
   3:30 - 4:30, Justin M. Clouser
   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

THIERRY V. BARKLEY is of counsel to the Reno law firm of Thorndal Armstrong Delk Balkenbush & Eisinger LLP, practicing in the areas of insurance coverage, bad faith and disability insurance. He has been a guest lecturer on insurance coverage issues for the Los Angeles County Bar Association, the State Bar of Nevada and the American Law Firm Association. Mr. Barkley is a former regional editor for DRI's Covered Events, a national insurance publication. He earned his B.A. degree from the University of California at Los Angeles and his J.D. degree from California Western School of Law. Mr. Barkley is a member of the Washoe County Bar Association, the State Bar of Nevada and the Select Counsel Panel for Disability Insurance.

JUSTIN M. CLOUSER is an attorney in Minden, Nevada, with the law firm of JM Clouser & Associates, where he has a general civil practice focused on plaintiff's personal injury. He has lectured previously on his areas of expertise. Mr. Clouser is a member of the State Bar of California, the State Bar of Nevada, The Florida Bar and the Tennessee Bar Association. He earned his B.S. degree from Eastern Illinois University and his J.D. degree from the University of Tennessee.

DAVID M. ZANIEL is a partner with the law firm of Ranalli & Zaniel, LLC. His main areas of practice are insurance defense, first party insurance defense, family law and construction defect litigation. Mr. Zaniel is admitted to practice before the U.S. District Court, District of Nevada. He is a member of the State Bar of Nevada and the Tennessee Bar Association. Mr. Zaniel is a court appointed arbitrator in Clark County, Washoe County, Carson City and Douglas County. He earned his B.A. degree and his M.P.A. degree from the University of Nevada at Las Vegas, and his J.D. degree from the University of the Pacific, McGeorge School of Law.

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