Personal Injury: Insurer Claim Valuation and Negotiation Secrets Exposed

Agenda / Content Covered

1. Colossus and Other Injury Valuation Software: How They Work, How to Beat Them
   10:00 - 10:45, Robert J. Kasieta
   1. Understanding Colossus, Claims Outcome Advisor, Claims IQ, etc.
   2. How the Software Programs Determine the Value of a Claim
   3. Limitations and Weaknesses in the Software Programs
   4. Proving Your Client's Pain and Suffering
2. Negotiating Styles and Tactics of Adjusters and Insurance Defense Counsel
   10:45 - 11:30, Robert J. Kasieta
   1. Negotiating With Adjusters vs. Defense Counsel
   2. "Types" of Adjusters
   3. Getting to Know Who You're Working With
   4. Negotiating Styles and Tactics (and Tips for Countering Them)
3. An Inside Look at Reserves and Adjusters' Settlement Authority
   11:45 - 12:30, Andrew J. Nissen
4. Demand Packages: What Insurers Look for and How to Get the Response You Want
   12:30 - 1:15, Andrew J. Nissen
   1. Demand Letters From the Insurance Company's Perspective
   2. Timing Your Demand Letters
   3. Ensuring You Have Everything
   4. Getting the Value of the Claim Right
   5. Being Strategic With Tone and Language
   6. Tips for Making Policy Limits Demands
5. When Insurers Misrepresent Policy Benefits: Coverage Arguments You Should Not Fall For
   1:45 - 2:15, Robert J. Kasieta
6. Countering Key Arguments and Dealing with Difficult Negotiators
   2:15 - 3:00, James K. Weston II
   1. Handling Adjuster Comments: Priors, Pre-Existing Conditions, Gaps, and More
   2. When Adjusters Try to Discount Evidence, Estimates, and Bills
   3. Dealing With Delaying Tactics and Low Ball Offers
   4. When Negotiations Come to a Standstill
   5. Resorting to the Threat or Tactic of Bad Faith
7. Legal Ethics
   3:15 - 4:15, James K. Weston II
   1. The Tripartite Relationship
   2. Other Conflicts of Interest
   3. Client Communications and Managing Expectations
   4. Meritorious Claims and Contentions
   5. Truthfulness in Negotiations
   6. Your Ethical Obligations to Third Parties
8. Adjuster Investigation and Claim Valuation Secrets Revealed
   4:15 - 5:00, Steven B. Vinick
   1. Accident Investigation Strategies: Secrets Adjusters Don't Want You to Know
   2. What Adjusters Look for (and Where They Find it)
   3. Where Adjusters Go to Dig Up Dirt
   4. Pointers for Handling Adjuster Requests
   5. Claim Valuation - A Look Behind the Scenes

Accreditation Details:

Robert J. Kasieta is the founder of Kasieta Legal Group, LLC, in Madison, Wisconsin. He is a certified civil pre-trial and trial specialist by the National Board of Trial Advocates. Mr. Kasieta practices in civil litigation, with an emphasis on plaintiff personal injury and employment cases, as well as commercial litigation. He has written and taught extensively in the areas of trial practice, personal injury law and insurance law, and is an instructor of trial practice at the University of Wisconsin Law School. Mr. Kasieta is admitted to practice before the U.S. Supreme Court, as well as the U.S. Court of Appeals for the Eleventh Circuit, the U.S. Court of Appeals for the Seventh Circuit, and all Wisconsin courts. He is a member of the Dane County Bar Association, State Bar of Wisconsin, and the American Association for Justice. Mr. Kasieta earned his B.S. degree, summa cum laude, from Northern Michigan University and his J.D. degree from Marquette University Law School.

Andrew J. Nissen is a partner in the trial law specialty firm Bear Republic Law, A.P.C, located in Orange County, California. The civil litigation firm has particular expertise in catastrophic personal injury, wrongful death, insurance bad faith, business disputes, insurance claims, medical malpractice, and transactional matters. Mr. Nissen studied and began his career in Silicon Valley and Boston, Massachusetts. He is a contributing editor of the widely used California Practice Guide, California Causes of Action, co-authored by Stanton Mathews, and published by James Publishing. Mr. Nissen earned his B.A. degree from Santa Clara University and his J.D. degree from New England Law in Boston. He is a member of trial organizations, such as the American Association for Justice, Consumer Attorneys of California, the Orange County Trial Lawyers, and the Orange County Bar Association.

Steven B. Vinick is of counsel with the law firm of Stein Sperling Bennett De Jong Driscoll, P.C., and practices in the areas of personal injury law, medical malpractice, criminal defense, and general civil litigation. He is licensed to practice law in Maryland, Washington, D.C. and Virginia. Mr. Vinick is the treasurer of the Montgomery County Bar Association and a member of the Executive Committee of the Prince George's County Bar Association. He is also a member of the Maryland State Bar Association, the D.C. Trial Lawyers Association, and the Maryland Association of Justice. Mr. Vinick was the Maryland Association of Justice Trial Lawyer of the Year for 2011. He earned his B.A. degree, Phi Beta Kappa and magna cum laude, from the University of Maryland; and his J.D. degree, cum laude, from the University of Baltimore School of Law.

James K. Weston II is a board certified civil trial lawyer at Tom Riley Law Firm PLC, where he has practiced since graduating from law school in 1996. Mr. Weston practices in the areas of personal injury and wrongful death, professional negligence/malpractice, commercial litigation, and general civil litigation. In addition to his trial practice, he regularly speaks to lawyers’ groups on litigation and trial issues, insurance law, and other subjects. Mr. Weston earned his B.A. degree from the University of Iowa and his J.D. degree from Drake University School of Law.