Plaintiff's Guide: Indiana Personal Injury From Start to Finish

Agenda / Content Covered

All times are shown in Eastern time.

1. STATUTES WHICH AFFECT LIABILITY EVALUATION
   9:00 - 9:30, Katherine A. Franke
   1. Statutes of Limitation
   2. Automobile Accident Statutes
   3. Injuries on Recreational Lands
   4. Sovereign Immunity
2. UNDERSTANDING THE LAW OF DAMAGES
   9:30 - 10:00, Katherine A. Franke
   1. Economic Damages
   2. Non-Economic Damages
   3. Wrongful Death and Survival Claims
3. BASICS OF CIVIL PRACTICE AND PROCEDURE
   10:15 - 12:00, Brandon J. Kroft and Otto J. Shragal
   1. Assessment of Particular Case Types - Interviews and Investigation
      1. Automobile Accident Cases
      2. Slip and Fall Cases
      3. Product Liability Cases
      4. Others
   2. Initial Court Filings
   3. The Discovery Process
      1. Written Discovery
      2. Informal Discovery Including Public Sources of Information
      3. Taking and Defending Depositions
      4. Social Media and Discovery
   4. Preparing Evidence Prior to Trial
      1. Understanding the Rules of Evidence
      2. Documentary Evidence
      3. Testamentary Evidence
      4. Demonstrative Evidence
4. ETHICAL CONSIDERATIONS FOR THE PLAINTIFF'S ATTORNEY
   1:00 - 2:00, Cari L. Sheehan
   1. The Contingent Fee
   2. The Costs of Litigation - What is a Legitimate Cost?
   3. Advertising Legal Services
   4. Candor Toward the Tribunal
   5. Meritorious Claims and Contentions
   6. Conflicts of Interest in Plaintiff Cases
   7. Ethical Dangers of Using Social Media
5. PERSONAL INJURY SETTLEMENTS
   2:00 - 3:00, Christine Hummel
   1. Negotiation Techniques
   2. Mediation as a Settlement Tool
   3. Subrogation Interests
   4. Medicare Set-Asides
      1. CMS Update
      2. Recent Case Law
      3. Tips for Communicating with CMS
      4. Speeding up the Approval Process
   5. Structured Settlements
   6. Understanding the Joint Tortfeasor Release and Other Releases
6. TRIAL OF THE PLAINTIFF'S PERSONAL INJURY CASE
   3:15 - 4:30, Mark J. Schocke
   1. How to Avoid the Most Common Mistakes Made by New Attorneys
   2. Jury Selection - Voir Dire and Jury Questionnaires
   3. The Basics of an Opening Statement
   4. Presentation of Evidence
   5. Direct and Cross-Examination of Witnesses
   6. Use of Expert at Trial
   7. Proving Economic and Non-Economic Damages
   8. Delivering a Powerful Closing Argument
   9. Post-Trial Relief

KATHERINE A. FRANKE is a partner with Christie Farrell Lee & Bell where she practices in the areas of personal injury, auto accidents, medical malpractice, premises liability, wrongful death and product liability. She earned her B.A. degree from DePauw University and her J.D. degree from Valparaiso University School of Law. Ms. Franke is a member of the American Bar Association, Indiana State Bar Association, Indiana Trial Lawyers Association (Young Lawyers Section) and the Indianapolis Bar Association (Young Lawyers Section). She is admitted to practice in Indiana and the U.S. District Court for the Northern District of Indiana.

CHRISTINE HUMMEL is the president and founder of Hummel Consultation Services, a national legal consultation practice specializing in the application of the Medicare Secondary Payer Act to workers' compensation, liability and no fault cases. She is an active attorney with licensure in the state of Colorado. With more than 19 years of experience in Medicare compliance, Ms. Hummel is a published author and popular speaker on a wide array of topics related to Medicare compliance. She is a member of the American Bar Association (Health Law Section) and the Colorado Bar Association, and includes with her legal experience work in Medicaid, probate, and elder law. Ms. Hummel donates a significant amount of time volunteering with the Federal Park Service, giving presentations on the roles of women during the American War of Independence. She earned her B.S. degree from the University of Southern California and her J.D. degree from the University of Denver College of Law.

BRANDON J. KROFT is the administrative partner of the firm's Merrillville and Indianapolis offices of Cassiday Schade LLP and serves as a member of the Executive Committee where he focuses his practice on complex construction, product liability, professional liability and general liability matters. Mr. Kroft earned his B.A. degree from Valparaiso University and his J.D. degree from DePual University. He is admitted to practice in Illinois, Indiana, Supreme Court of Indiana, Supreme Court of Illinois, U.S. Court of Appeals, Seventh Circuit, U.S. District Court, Northern District of Indiana, U.S. District Court, Southern District of Indiana, U.S. District Court, Northern District of Illinois and the U.S. District Court, Central District of Illinois.

MARK J. SCHOCKE is an attorney with The Law Office of David Gladish, P.C. He focuses his practice on the defense of complex litigation. Upon graduation from law school, Mr. Schocke began his practice by defending physicians and hospitals in medical malpractice suits. Since then, he has expanded his practice to include a variety of complex products liability, nursing home and trucking accident cases. Additionally, Mr. Schocke provides coverage opinions and defends first party bad faith claims filed against insurers. He earned his undergraduate degree from Purdue University and his law degree from Indiana University School of Law. Mr. Schocke is admitted to practice in Indiana and Illinois, as well as before the Supreme Court of the United States and the U.S. District Court for the Northern and Southern Districts of Indiana, and the U.S. District Court for the Northern District of Illinois.

CARI L. SHEEHAN is of counsel in Barnes & Thornburg LLP's Indianapolis office and is a member of the litigation department. Ms. Sheehan serves as professional responsibility counsel to the firm and focuses on various legal ethics and professional responsibility matters. She has represented clients in state and federal courts in Indiana and Illinois. Ms. Sheehan is admitted to practice in Indiana and Illinois. Ms. Sheehan also is admitted to practice in the U.S. District Court for the Northern and Southern districts of Indiana, U.S. District Courts for the Northern and Southern districts of Illinois, U.S. District Court for the Eastern District of Michigan, U.S. Bankruptcy Courts for the Southern District of Indiana and Northern District of Illinois, and the U.S. Court of Appeals for the Seventh Circuit. She is a member of the Indiana State Bar Association, Indianapolis Bar Association, and the Saint Thomas More Legal Society. She earned her B.A. degree, cum laude, from the University of Southern Indiana and her J.D. degree, magna cum laude, from the Indiana University Robert H. McKinney School of Law.

OTTO J. SHRAGAL is an Equity Partner in the law firm of Kenneth J. Allen Law Group, where he practices in the areas of serious personal injury litigation, with an emphasis on job site accidents and products liability. Mr. Shragal has secured multiple million dollar verdicts in both State and Federal Courts in the State of Indiana as well as in the State of Illinois. He earned his B.A. degree from Tri-State University and his J.D. degree, cum laude, from the John Marshall Law School. Mr. Shragal is admitted to practice in Indiana and before the U.S. District Court for the Northern District of Indiana. He is also admitted to practice in Illinois and before the U.S. District Court for the Northern District of Illinois.