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!

1. Special Considerations in Low-Impact Collision Cases
2. Pre-Suit Investigation, Case Intake and Insurance Negotiations
3. Filing the Suit and Maximizing Discovery
4. Common Defense Strategies
5. Damages, Demands and Settlement Negotiations
6. Ethics
7. Trial Preparation and Courtroom Tactics

1. SPECIAL CONSIDERATIONS IN LOW-IMPACT COLLISION CASES
   9:00 - 9:45, Jason G. Epstein
   1. Types of Collisions and Vehicles/Pedestrians Involved (cars/trucks, bicycles, ATVs, golf carts, cranes, other construction equipment, etc.)
   2. Common Injuries and Damage Sustained
   3. Overtreatment and “Eggshell” Plaintiffs
   4. Additional Burden of Proof and Insurance Considerations
   5. Legislative and Case Law Update
2. PRE-SUIT INVESTIGATION, CASE INTAKE AND INSURANCE NEGOTIATIONS
   9:45 - 10:30, Jason G. Epstein
   1. Case Screening and Initial Client Interview/Questionnaire
   2. Crash Scene Investigation and Witness Location
   3. 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?
   4. Locating Liable Parties and Sources of Coverage
   5. Insurance Coverage, Liens and Subrogation
      1. Auto Liability Coverage/UM/UIM/PIP/No-Fault
      2. Subrogation
      3. Drafting Demand Letters and Negotiating With the Insurance Company
      4. Bad Faith
      5. Workers' Compensation, Medicare Set-Asides and Other Liens
3. FILING THE SUIT AND MAXIMIZING DISCOVERY
   10:45 - 11:30, Jason G. Epstein
   1. Case Filing Procedure – Important Deadlines to Comply With
   2. Sample Initial Pleadings and Motions
   3. Witness Interviews
   4. Written Discovery – Procedure and Forms
   5. The Vehicle
      1. Photos
      2. Preservation of the Vehicle
      3. Auto Forensic Experts
      4. Pre-Existing Vehicle Damage
   6. Medical Records Specifics
      1. What Information You're Looking for and in What Documents it is Recorded
      2. Whom to Ask for it and How Far Back in Time to Go
      3. Deciphering the Records
   7. Effective Use of Experts
   8. Proving/Disproving Whiplash
   9. Arguing the Significance of “Normal” X-Ray Findings and Soft Tissue Injury
   10. Keeping Down the Litigation Costs
4. TRIAL PREPARATION AND COURTROOM TACTICS
   11:30 - 12:15, Jason G. Epstein
   1. Preparing the Case for Trial
      1. Communication With Treating Physicians
      2. Economical Use of Expert Witnesses
      3. Location and Preparation of Trial Exhibits
      4. Communication With Lay Witnesses
      5. Use of Focus Groups
      6. Managing Client Expectations
      7. Realities of Prospective Juror Bias
      8. Credibility of Your Claims
   2. Taking Into Account the Average Income Level in the Jurisdiction (Will it Affect How Much the Jury's Likely to Award?)
   3. Short Trial Procedures and Tactics
   4. Case Presentation Tips
   5. Admitting or Excluding Vehicle Photos
   6. Presenting Expert Testimony
   7. What Options Exist After the Trial
5. COMMON DEFENSE STRATEGIES
   1:15 - 2:15, Philip B. Grennan
   1. Minor Damage to Vehicles and Evidentiary Issues
   2. Force of Impact Analysis and Witnesses
   3. Damages and Pre-Existing Conditions
   4. CR 35 Examinations and Other Experts
   5. Jury vs. Mandatory Arbitration Considerations
6. DAMAGES, DEMANDS AND SETTLEMENT NEGOTIATIONS
   2:15 - 3:15, Bradley D. Westphal
   1. Past Medical Bills
   2. Future Medical Bills
   3. Lost Earnings
   4. General Damages
   5. Product Liability Considerations
   6. Strategies for Early Resolution
   7. Creating Demand Packages
   8. Negotiating Techniques
7. ETHICS
   3:30 - 4:30, Bradley D. Westphal
   1. Confidentiality
   2. Conflicts of Interest
   3. The Tripartite Relationship
   4. Attorneys' Fees
   5. Medical Records Privacy – HIPAA
   6. Ethical Advertising of Your Legal Practice

JASON G. EPSTEIN is a partner in the Bellevue law firm of Premier Law Group, PLLC, where his practice is focused exclusively on the area of plaintiff's personal injury law. He is a member of the Washington State Bar Association and an eagle member of the Washington State Association for Justice. Mr. Epstein earned his B.A. degree from the University of Southern California and his J.D. degree from Pepperdine University School of Law. He also holds a certificate in dispute resolution from the Strauss Institute of Dispute Resolution at Pepperdine.

PHILIP B. GRENNAN is a shareholder in the Seattle law firm of Lee Smart P.S., Inc. He is a litigation attorney practicing primarily in personal injury law, malpractice defense, premises liability and uninsured motorist. Mr. Grennan has spoken previously at legal seminars on premises liability and automobile litigation issues. He received his B.A. degree, cum laude, and his J.D. degree from the University of Washington. Mr. Grennan is a member of the King County Bar Association and the Washington State Bar Association (member, Litigation Section). Mr. Grennan also is a member of the Litigation Counsel of America.

BRADLEY D. WESTPHAL is an attorney with the law firm Lee Smart, P.S. Inc., where he has an extensive background and experience in insurance-defense litigation. He received his bachelor degrees as a double major from the University of Washington and obtained his law degree from Willamette University. He worked as a senior trial attorney for the Safeco Insurance Legal department from 1981 to 2008. He has tried more than 100 civil jury trials to verdicts and his practice has included cases of all varieties, including wrongful death and personal injuries resulting from automobile accidents, and homeowner and commercial litigation. He also has tried numerous jury trials regarding timber trespass, water damage, toxic tort and landslide matters. His practice has included construction defect and declaratory actions. Mr. Westphal has argued numerous summary judgments and tried many bench trials and all types of arbitrations. He has argued before the Washington State Supreme Court and the Court of Appeals. Mr. Westphal has acted as a mediator in more than 50 civil cases through the Settlement Now program and is a longtime arbitrator in Superior Court. He is a member of the Washington State Bar Association, King County Bar Association, and Washington Defense Trial Lawyers Association. He was a past member of both the Washington State and King County bar association's Judicial Selection Committees and, as a member of the King County Medical Legal Committee, he co-wrote the Medical Legal Handbook.

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