Audio CD + Course Book

Auto Injury Litigation From Start to Finish

Audio CD + Course Book

Copyright Date:

December, 2017

Product ID#:


Audio + Course Book

Credit Information

Continuing Legal Education

  • CA CLE - 6.00
From Event: Auto Injury Litigation From Start to Finish, held December 2017.

Program Description

One of the truths of auto accident practice is that no matter how similar the cases look - they're never the same. Within this vast variety, however, there are patterns that form into effective legal strategies. You can spend years of trial practice amassing the information to make them apparent, or you can benefit from decades of combined experience distilled into a guide on getting to the successful resolution as quickly and efficiently as possible. We'll help you develop simple practical skills to streamline the process and avoid missing any pertinent issues or steps. Get the tools you need to win your next auto dispute - order today!

Course Content

  1. Case Intake, Pre-Suit Investigation
  2. Insurance Coverage Research and Negotiations with the Claims Representatives
  3. Initial Filing and Discovery, Experts and Evidence
  4. Damages, Liens and Subrogation in Settlement Negotiations
  5. Bad Faith
  6. Ethics
  7. Arbitration and Litigation: Preparation Tips and Hearing Strategies

Continuing Education Credit

Continuing Legal Education – CLE: 6.00 CA - Credit Approval Expiration 12/08/2019 *

* denotes specialty credits

Agenda / Content Covered

  1. Case Intake, Pre-Suit Investigation
    9:00 - 9:45, Mark West
    1. Case Screening
    2. Initial Client Interview/Questionnaire
    3. What You Can Find Out before the Claim
    4. Funding Auto Litigation
  2. Insurance Coverage Research and Negotiations with the Claims Representatives
    9:45 - 10:30, Tyler D. Offenhauser
    1. Auto Insurance Policies: Interpretation, Issues and Hidden Treasures
      1. Auto Liability Coverage
      2. UM/UIM
      3. PIP/ Med Pay
      4. Multiple Policyholders
      5. Stacking of Coverage
      6. Available Limits
    2. Demand Packages
    3. Negotiating with the Adjuster
  3. Initial Filing and Discovery, Experts and Evidence
    10:45 - 11:30, Mark West
    1. Filing Procedure and Case Scheduling
    2. Anatomy of Common Injuries
    3. Witness Depositions
    4. Obtaining Medical Records
    5. Selecting and Working with Experts
    6. Evidence Preservation
  4. Damages, Liens and Subrogation in Settlement Negotiations
    11:30 - 12:30, Tyler D. Offenhauser
    1. Assessing and Allocating Damages
      1. Vehicle Damage and Diminished Value
      2. Paid vs. Billed Medical Services
      3. Future Medical Bills
      4. Loss of Earning Capacity
      5. Pain and Suffering
    2. Medical Provider Liens
    3. ERISA Subrogation Liens
    4. Mandatory Insurer Reporting, Medicare Recovery Act, and Medicare Set-Asides
    5. Tips for Successful Mediation
    6. Addressing Pending Liens in Settlement Negotiations
    7. Subrogation
    8. Practical Tips for Restarting Stalled Negotiations
    9. Structuring Settlements
  5. Bad Faith
    1:30 - 2:15, Sherman Spitz
    1. Definition of Bad Faith
    2. When Can a Bad Faith Claim be Brought?
    3. First Party Bad Faith vs. Third-Party Direct Actions
    4. Types of Bad Faith Claims in Auto Insurance Context
    5. Settlement Considerations
  6. Ethics
    2:15 - 3:15, Sherman Spitz
    1. Preventing Conflicts of Interest
    2. Setting and Collecting Attorney Fees
    3. Maintaining Client Confidentiality
    4. Work-Product Doctrine as it Applies to Expert Witness Reports in Progress
    5. Insurance Defense Counsel Relationship with the Insured and Insurer
    6. Communicating with Represented Parties
      1. "CC," "Reply All," and Other E-mail Traps of Inadvertent Communication
      2. Plaintiff Attorneys' Communication with Represented Insurance Adjusters
      3. Investigators' Contact with the Opposing Party
  7. Arbitration and Litigation: Preparation Tips and Hearing Strategies
    3:30 - 4:30, Sherman Spitz
    1. Arbitration Procedure and Tactics
    2. Evidence Strategies
    3. Preparing Witnesses for Testimony
    4. Jury Selection Tips
    5. Case Presentation Tactics
    6. Preserving Issues for Appeal

TYLER D. OFFENHAUSER is a partner with Bremer Whyte Brown & O'Meara LLP, in Newport Beach. With more than 20 years of experience in the legal industry, he focuses his practice on the representation of personal clients, developers, general contractors and subcontractors in complex, multiparty construction litigation, products liability and general negligence. Mr. Offenhauser also has vast expertise in matters concerning personal injury, wrongful death, catastrophic loss, product liability, premises liability, and automobile and trucking liability. He maintains a strong reputation among his clients and adversaries as an aggressive litigator. Mr. Offenhauser earned his B.A. degree from San Diego State University and his J.D. degree from American College of Law. He is presently a professor of law at Coastline Community College and has held this position since 2005. He is admitted to practice before the California Supreme Court, as well as the U.S. District Court, Central District. Mr. Offenhauser is a member of the Orange County Bar Association, CLM, and the Robert A. Banyard Inn of Court.

SHERMAN SPITZ is a shareholder with Berger Kahn in Irvine. Mr. Spitz represents both plaintiffs and defendants in his practice and has successfully litigated a wide range of civil litigation cases, including business litigation, insurance bad faith, employment, and personal injury litigation. He also has handled legal malpractice, healthcare-provider negligence, police abuse cases, and has extensive experience in defending insurance carriers in litigated, as well as non-litigated matters. In addition to being named to the list of 2016-present Best Lawyers, from 2012-present he was named to the list of Southern California Super Lawyers, with recognition to the lists of Top 50 Orange County Super Lawyers from 2013-present, and Top 100 Southern California Super Lawyers in 2015 and again in 2017. Mr. Spitz earned his B.A. degree from University of California, Los Angeles and his J.D. degree from Southwestern School of Law. He is a member of the Orange County Bar Association and American Board of Trial Advocates.

MARK WEST is a sole practitioner in San Gabriel where he practices in plaintiff personal injury and wrongful death, products liability law, medical malpractice and business civil litigation. He has published several articles and has lectured on various topics, including personal injury, wrongful death, the use of interpreters in litigation, OSHA and the U.S. EPA, asbestos operation and maintenance programs. Mr. West is admitted to practice in the Northern, Central and Southern U.S. District courts in California and the Ninth Circuit Court of Appeal along with the Supreme Court of the United States. He has also been admitted pro hac vice in the state and U.S. District Court for Nevada and the U.S District Court for Minnesota. He is a member of the American and Los Angeles County bar associations, the State Bar of California, the Consumer Attorneys Association of Los Angeles, the Consumer Attorneys of California (past legislative district coordinator) and the American Trial Lawyers Association. His article, "Local Rules Contradicting State Statutes; Some Local Rules are Unconstitutional and Deprive Litigants of their Right to Prepare for Trial," appeared in the Los Angeles County Bar publication, The Litigator. Mr. West earned his B.S. degree from New Hampshire College (now Southern New Hampshire University) and his J.D. degree from Southwestern University School of Law.

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


Accreditation Details:

Continuing Legal Education

CA CLE: 6.00 Credit Approval Exp
Includes - Ethics: 1.00
This activity has been approved for Minimum Continuing Legal Education credit by the State Bar of California and may qualify for up to 6.0 hours of self-study credit, of which 1.0 hour will apply to legal ethics self-study credit. NBI, Inc. certifies this activity conforms to the standards for approved education activities prescribed by the rules and regulations of the State Bar of California governing minimum continuing legal education. NBI, Inc. is a State Bar of California approved MCLE provider - #53.

Additional Format Options


How To Order

Web: Order Now
Call: 800.930.6182
Fax: 715.835.1405
Mail: NBI
P.O. Box 3067
Eau Claire, WI 54702