Live Seminar

Auto Injury Litigation From Start to Finish

Seminar

Date:

Friday, April 13, 2018

Time:

9:00 AM - 4:30 PM

Product ID#:

78731ER

Location:

Clarion Hotel

12601 W. 95th St

Lenexa, KS 66215

$359.00

$349 / Each Additional

Registration Includes Course Book

Credit Information

Continuing Legal Education

  • KS CLE - 7.00
  • MO CLE - 7.20

Other

  • Insurance - 6.00

Program Description

Winning Strategies for Your Auto Litigation Practice

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 the decades of combined experience that our attorney faculty have distilled into a one-day crash course 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 - register today!

  • Let our attorney faculty walk you through a crash case from the time of the collision through trial.
  • Recognize the potential of each case: be it for success or spectacular failure.
  • Explore common insurance coverage sources and find out how the courts interpret specific policy language.
  • Know what to look for in medical records and where to find it.
  • Take all factors into account when determining damages and find out how to support your calculations.
  • Expand your discovery tactics with tips from seasoned litigators.
  • Understand how Medicare set-asides and medical liens affect the size of the settlement, and incorporate them into your negotiations.
  • Gain practical tips for effective communication with the claims representative and maximize your chances for successful settlement.
  • Explore the ethical implications of the tripartite relationship and guard your impeccable reputation.
  • Recognize the conditions that trigger a bad faith claim and get simple tips for settling it quickly and efficiently.

Who Should Attend

This basic-to-intermediate level seminar offers a detailed overview of auto litigation that will benefit:

  • Attorneys
  • In-House Counsel
  • Claims Representatives
  • Paralegals

Course Content

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

Continuing Education Credit

Continuing Legal Education

Credit Hrs State
CLE 7.00 -  KS*
CLE 7.20 -  MO*

Insurance – Insurance: 6.00 *


* denotes specialty credits

Agenda / Content Covered

  1. Case Intake, Pre-Suit Investigation
    9:00 - 9:50, James S. Manning
    1. Case Screening
    2. Initial Client Interview/Questionnaire
    3. What You Can Find Out Before the Claim
    4. Funding Auto Litigation
  2. Initial Filing and Discovery, Experts and Evidence
    9:50 - 10:40, Matthew J. Brooker
    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
  3. Insurance Coverage Research and Negotiations With the Claims Representatives
    10:55 - 11:45, Douglas M. Greenwald
    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
  4. Damages, Liens and Subrogation in Settlement Negotiations
    11:45 - 12:35, Douglas M. Greenwald
    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
    1:35 - 2:25, James S. Manning
    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
    2:40 - 3:40, Brian G. Boos
    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. Litigation: Preparation Tips and Hearing Strategies
    3:40 - 4:30, Christopher R. Mirakian
    1. Evidence Strategies
    2. Preparing Witnesses for Testimony
    3. Jury Selection Tips
    4. Case Presentation Tactics
    5. Preserving Issues for Appeal

BRIAN G. BOOS is a partner at Wallace Saunders, where his 25 years of experience in both the insurance industry and private practice gives him a unique perspective of the continually changing aspects of the insurance field, as well as long-standing insurance rules and regulations. Mr. Boos began his legal career with a small firm, where he gained experience trying cases and handling appeals. Later, he provided risk management counsel for one of the world's leading reinsurers and belonged to the trial team of a multi-national products liability law firm. He was recently inducted into the International Association of Defense Counsel, has taken more than 50 jury trials to verdict, and has served as lead counsel on more than 50 published appeals. Mr. Boos is licensed in Kansas and Missouri federal and state courts; the U.S. District Court for the Eastern District of Missouri; and the U.S. Court of Appeals for the Eighth and Tenth circuits. Mr. Boos is a member of the Kansas Bar Association's Committee on Pillars of Professionalism. Mr. Boos earned his B.S. degree from Missouri Western State College and his J.D. degree from Washburn Law School.

MATTHEW J. BROOKER is a partner with Matteuzzi & Brooker, P.C., where he practices primarily in the areas of civil litigation, personal injury litigation and insurance defense. Mr. Brooker is currently admitted to practice in Missouri and Kansas, and before the U.S. District Court for the Western District of Missouri and the U.S. District Court for the District of Kansas. He is a member of the The Missouri Bar, the Kansas Bar Association, the Kansas City Metropolitan Bar Association and the Johnson County Bar Association. Mr. Brooker earned two B.S. degrees, magna cum laude, from Truman State University and his J.D. degree, cum laude, from the University of Missouri-Kansas City School of Law. Mr. Brooker was selected a member of The Order of Barristers, a national honor society commitment to excellence in oral advocacy. Furthermore, he was awarded the Practitioner’s Award for outstanding advocacy during the national trial competition.

DOUGLAS M. GREENWALD is a shareholder in the Kansas City law firm of McAnany, Van Cleave & Phillips, P.A., where he practices in the areas of civil practice, employment law, insurance coverage, litigation, and appellate practice. He is admitted to practice in both Kansas and Missouri. Mr. Greenwald is a past speaker on topics related to his areas of expertise. He is a member of the Wyandotte County and Kansas bar associations, and The Missouri Bar. Mr. Greenwald earned his B.A. degree from Washington University and his J.D. degree from the University of Kansas School of Law.

JAMES S. MANNING is owner of James Manning, PC, where he maintains a trial practice in Harrisonville, Cass County, Missouri, focused exclusively on plaintiff's personal injury and insurance coverage litigation. He started his firm after spending several years working as an insurance defense attorney. Mr. Manning handles a high volume of matters involving motor vehicle accidents, dog bites, dangerous premises, dangerous products, and general negligence. He has represented plaintiffs in litigation involving bad faith, the stacking of uninsured and underinsured policy coverages, and the nature and extent of property damage coverage. Mr. Manning has litigated cases in the state and federal courts of Missouri, including the U.S. Court of Appeals. He is admitted to practice in Missouri and the U.S. District Court, Western District of Missouri. Mr. Manning earned his B.A. degree from Rockhurst University and his J.D. degree from UMKC School of Law. He is a member of the Kansas City Bar Association, The Missouri Bar, and The Missouri Association of Trial Attorneys.

CHRISTOPHER R. MIRAKIAN is an attorney with Foland, Wickens, Roper, Hofer & Crawford, P.C., where he is with the firm’s litigation division. Mr. Mirakian's practice in the area of insurance defense includes litigation of “bad faith” claims, and claims involving personal injury, wrongful death, products liability and construction defect disputes. He has experience managing all facets of litigation, including first-chairing several jury trials; second-chairing various other jury and bench trials; preparing pleadings and discovery; creating litigation strategy; drafting and arguing complex motions and briefs in both state and federal courts; taking and defending depositions; representing clients at arbitration, mediation and settlement conferences; and working closely with the client at every stage of the dispute, from litigation strategy and negotiation to trial. Mr. Mirakian is admitted to practice in Kansas; Missouri; the U.S. District Court, Western District of Missouri; U.S. District Court, Eastern District of Missouri; U.S. District Court, District of Kansas; and the U.S. Court of Appeals, Eighth Circuit. He is a member of the Lawyers Association of Kansas City, Missouri Organization of Defense Lawyers, The Missouri Bar, Kansas Bar Association, American Bar Association, Kansas City Metropolitan Bar Association, and the Johnson County Bar Association. Mr. Mirakian earned his B.S. degree from Kansas State University and his J.D. degree from the University of Missouri, Kansas City.

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

Accreditation Details:

Continuing Legal Education

KS CLE: 7.00 Includes - Ethics: 1.00
Approved by the Kansas Continuing Legal Education Commission for 7.0 hours of continuing legal education credit, which includes 1.0 hour of ethics and professionalism credit.


MO CLE: 7.20 Includes - Ethics: 1.20
NBI, Inc. is an accredited sponsor with Missouri Minimum Continuing Legal Education. This program qualifies for 7.2 hours of CLE credit, which includes 1.2 hour of ethics, professionalism or malpractice prevention credit.


Insurance

KS INS: 6.00 Includes - General Insurance: 5.00, Kansas Insurance Ethics: 1.00
Approved by the Kansas Insurance Department for 6.0 hours of continuing education credit for insurance professionals in the category(ies) of 5.0-General Insurance; 1.0-Kansas Insurance Ethics.


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