Live Seminar

Damages in Personal Injury



Thursday, March 15, 2018


9:00 AM - 4:30 PM

Product ID#:



Embassy Suites Indianapolis North

3912 Vincennes Road

Indianapolis, IN 46268


$349 / Each Additional

Registration Includes Course Book

Credit Information

Continuing Legal Education

  • IN CLE - 6.00


  • Insurance - 6.00

Program Description

Effectively Quantify and Negotiate Damages in a Personal Injury Case

Are you getting everything you can out of each injury case that comes your way? Don't miss any general or special damages that may apply to a personal injury suit. Learn to analyze and quantify the effect of an injury on the plaintiff's current and future life to maximize or contest the recovery. Register today!

  • Identify the key elements that shape the value of a personal injury case.
  • Distinguish current injury from pre-existing and recurring conditions.
  • Find out where to look for the most reliable medical information to support your injury determination.
  • Effectively use vocational expert reports and labor statistics to assess loss of earning capacity.
  • Understand what special remedies exist for wrongful death cases.
  • Define reasonable and necessary medical treatment to limit medical expense recovery to services directly related to the injury.
  • Get practical tips for direct negotiations with a claims representative.
  • Fulfill your ethics credit and get actionable tactics for preventing legal malpractice.

Who Should Attend

This basic-to-intermediate level seminar offers a comprehensive view of damages in personal injury and will benefit attorneys. It may also be of benefit to corporate counsel, claims representatives, and paralegals.

Course Content

  1. Types of Damages in an Injury Suit
  2. Documenting the Extent of the Injury
  3. Quantifying Damages
  4. Sources of Recovery and Liens
  5. Legal Ethics
  6. Negotiating and Litigating the Damages: Defense Perspective
  7. Negotiating and Litigating the Damages: Plaintiffs' Tactics

Continuing Education Credit

Continuing Legal Education – CLE: 6.00 *

Insurance – Insurance: 6.00

* denotes specialty credits

Agenda / Content Covered

  1. Types of Damages in an Injury Suit
    9:00 - 10:00, Written by Kevin W. Vanderground. Presented by Kevin W. Vanderground in Merrillville and Stephanie L. Cassman in Indianapolis.
    1. General vs. Special Damages
    2. Past and Future Physical and/or Emotional Pain and Suffering
    3. Loss of Companionship/Consortium
    4. Disfigurement
    5. Loss or Impairment of Mental or Physical Capacity
    6. Loss of Enjoyment of Life
    7. Loss of Opportunity
    8. Loss of Income, Earning Capacity and Future Fringe Benefits
    9. Punitive Damages
    10. Damages in Fatality Cases
  2. Documenting the Extent of the Injury
    10:15 - 11:00, Written by Stephanie L. Cassman. Presented by Beth L. Brown Nowak in Merrillville and Stephanie L. Cassman in Indianapolis.
    1. Temporary or Permanent Injuries?
    2. Pre-Existing, Recurring, Aggravated Conditions
    3. Present and Future Medical Expenses – What is Reasonable and Necessary?
    4. Using Medical Records to Get an Accurate Assessment
  3. Quantifying Damages
    11:00 - 12:00, Written by Michael W. Phelps. Presented by Kenneth J. Allen in Merrillville and Michael W. Phelps in Indianapolis.
    1. Factors to Consider in Quantifying Damages
      1. Age of the Plaintiff
      2. Education and Professional Training (physical and mental requirements)
      3. Potential Vocational Re-Training Costs
      4. Gender (in cases of disfigurement)
    2. Joint and Several Liability and Apportionment
    3. Sources of Statistical Data
      1. Inflation Adjustment
      2. Labor Statistics
      3. Dictionary of Occupational Titles
    4. Using Experts to Quantify Damages
    5. Past and Future Medical Expenses/Treatment
      1. Hospital Stay
      2. Emergency Medical Services
      3. Doctors and Diagnostic Tests
      4. Physical Therapy
      5. Nursing Services
      6. Appliances
      7. Prescription Drugs and Other Medical Expenses
      8. Transportation and Temporary Housing Expenses
    6. Property Damage in an Injury Case
    7. Determining Future Value: Present Value vs. Inflation and Cost-of-Living Adjustment
  4. Sources of Recovery and Liens
    1:00 - 1:30, Written by Beth L. Brown Nowak. Presented by Beth L. Brown Nowak in Merrillville and Stephanie L. Cassman in Indianapolis.
  5. Legal Ethics
    1:30 - 2:30, Written by Arend J. Abel. Presented by Arend J. Abel in Merrillville and Indianapolis.
    1. Researching and Avoiding Conflicts of Interest
    2. Attorney Fees
    3. Medical Records and HIPAA Compliance
    4. Protecting Confidentiality
  6. Negotiating and Litigating the Damages: Defense Perspective
    2:45 - 3:30, Written by Thomas C. Hays and Barath S. Raman. Presented by Barath S. Raman in Merrillville and Thomas C. Hays in Indianapolis.
    1. Negotiating Tactics
    2. Subrogation
    3. Key Pleadings and Motions
  7. Negotiating and Litigating the Damages: Plaintiffs' Tactics
    3:30 - 4:30, Written by Kenneth J. Allen. Presented by Kenneth J. Allen in Merrillville and Michael W. Phelps in Indianapolis.
    1. Direct Negotiations with Insurance Claims Representative
    2. Lay Witnesses
    3. Using Expert Reports and Testimony
    4. Use of Demonstrative Evidence
    5. Key Pleadings and Motions
    6. Hearsay
    7. Wrongful Death Actions

AREND J. ABEL is the chair of the appellate law practice group with Cohen & Malad, LLP, and represents clients at the trial and appellate levels in state and federal courts. Mr. Abel's practice areas are government litigation, appeals, business litigation, class action, intellectual property litigation, securities litigation, health care and health care reimbursement, and gaming. He has taught many lectures and seminars, including "Presenting Effective Appellate Oral Argument," Office of the Attorney General and the Appellate Practice Section of the Indiana State Bar Association; "The Changing Face of Regulatory Takings," Conference of Government Mining Attorneys; "Brief Writing," Indiana Office of the Attorney General; and "Analysis of Indiana Department of Environmental Management v. Chemical Waste Management, Inc.," Indianapolis Bar Association. Mr. Abel is a member of the American, Federal, Indiana State and Indianapolis bar associations. He earned his B.A. degree, magna cum laude, from Ball State University; and his J.D. degree, summa cum laude, from Indiana University at Bloomington School of Law. (Merrillville and Indianapolis locations)

KENNETH J. ALLEN is the principal attorney of Kenneth J. Allen Law Group. The firm limits its practice to the representation of plaintiffs in serious personal injury and wrongful death litigation, exclusively and maintains offices in Indiana and Illinois. Since the inception of Kenneth J. Allen Law Group more than 20 years ago, Mr. Allen has not lost a jury trial in state court. He has appeared as plaintiffs' counsel in more than 100 trials and published appellate court decisions. His clients have won more than $200,000,000 in verdicts without reduction for comparative fault. Mr. Allen's cases have been listed among the country's Top 10 Verdicts and recognized in the Wall Street Journal, Vanity Fair, Crane's Chicago Business, LA Times, Boston Globe, Chicago Tribune, and the New York Times. He has been appointed class counsel in actions involving serious injury and death, including the South Shore Train Crash at Gary, Indiana; In re: Nurseryland Bus Crash; In re: Hidden Lake Bridge Collapse; In re: Truck/Train Collision at Portage, Indiana; and In re: Indiana State Fair Stage Collapse (VanDam v. State of Indiana). Mr. Allen was also named to Plaintiffs' Discovery Committee in the United Airlines DC-10 crash at Sioux City. He has been repeatedly listed in The Best Lawyers in America and by Law Dragon as one of the Leading Plaintiff's Lawyers in America. He is a fellow of the Litigation Counsel of America and was named to the National Advisory Board of the Association of Interstate Trucking Lawyers of America. Mr. Allen was also named among the 500 Leading Lawyers in America. He is president-elect of the Indiana Bar Foundation and has been honored by the Indiana Lawyer as a distinguished barrister. Mr. Allen has more than thirty professional publications and invited presentations, including in AAJ's Trial magazine and in the ABA Treatise, Truck Accident Litigation (with partner and co-author, Bryan Bradley). He earned his B.A. degree from Valparaiso University and his J.D. degree, cum laude, from Indiana University. (Merrillville location)

BETH L. BROWN NOWAK is an attorney with Kelly Law Offices, where she practices in the areas of personal injury, auto accidents, premises liability, and insurance bad faith. Over her career, Ms. Nowak has tried many jury trials and settled many more cases against insurance companies. While still early in her career, she had already written several winning appellate briefs for the Court of Appeals and successfully argued before the Indiana Supreme Court at the young age of 31. Now, several years later, she has the added years of experience practicing law to go with the natural legal ability that made her such a formidable young lawyer. Ms. Nowak earned her B.A. degree, with honors, from Valparaiso University and her J.D. degree from Valparaiso University School of Law. (Merrillville location)

STEPHANIE L. CASSMAN is an attorney with Wagner Reese, LLP, where she represents individuals and their families in personal injury, wrongful death, and civil rights cases. She has represented both plaintiffs and defendants in a number of jury and bench trials throughout Indiana in both the state and federal courts. Ms. Cassman is a frequent speaker and author on jury selection and trial advocacy and serves on faculty for the Trial Advocacy Skills College. She is an active member of the Indianapolis Bar Association, where she served as the 2011 chair of the Litigation Section and on the Board of Directors as vice president in 2015. Ms. Cassman is a distinguished fellow of the Indianapolis Bar Foundation, recognized for her significant contribution to the legal profession and leadership within the community. She has been recognized as a top-rated litigation attorney and listed on the Top 50 Attorneys and Top 25 Women by Indiana Super Lawyers in 2016 and 2017. In 2015, Ms. Cassman received the honor of being named by her peers as the Indiana Defense Lawyer of the Year. She earned her B.A. degree from Indiana University and her J.D. degree from Indiana University McKinney School of Law. (Indianapolis location)

THOMAS C. HAYS is a partner with Lewis Wagner, LLP in Indianapolis. For more than 40 years, Mr. Hays has litigated civil cases, including those involving product liability, wrongful death, construction, trucking and premises liability. He served as managing partner at Lewis Wagner from 2002-2007. He was a Diplomat to the National Institute of Trial Advocacy in 1989. In 1994 he was elected to the American Board of Trial Advocates and served as President of the Indiana Chapter in 2006. He received the Indiana State Bar Association Litigation Section Civility Award in 2005 and was installed as a Diplomat of DTCI in 2009. Mr. Hays has been a member of the International Association of Defense Counsel since 2002 and has been listed in Indiana Super Lawyers, 2005-2017, (Top 50 2012-2017), and selected for inclusion in The Best Lawyers in America in 2010-2017 in the fields of Arbitration; Mediation; Personal Injury Litigation - Defendants. He served on the Board of Directors of the Defense Trial Counsel of Indiana from 2005-2016 and served as the president of DTCI in 2015. (Indianapolis location)

MICHAEL W. PHELPS is an attorney and counselor at law with the Phelps Legal Group. He focuses his practice on personal injury, wrongful death and product liability. Mr. Phelps has been selected as a Super Lawyer, 2013-2017. He earned his B.A. degree from Indiana University and his J.D. degree from Capital University Law School. (Indianapolis location)

BARATH S. RAMAN is an attorney with Lewis Wagner, LLP, where he focuses his practice on the defense of personal injury, product liability, construction accident and defect, and environmental insurance coverage cases. Prior to joining the Firm in 2014, Mr. Raman worked as a summer associate for Lewis Wagner, LLP and the Marion County Public Defender Agency in the Major Felony and Appeals Divisions. He performed legal research and assisted in the preparation of numerous court documents for various jury trials. Mr. Raman earned his B.S. degree from Purdue University and his J.D. degree, cum laude, from Indiana University, Robert H. McKinney School of Law. (Merrillville location)

KEVIN W. VANDERGROUND is a partner with the law firm of Church Church Hittle + Antrim, in their Merrillville office. He is a registered civil mediator. Mr. Vanderground's practice mainly involves representing individuals and businesses in civil litigation. He is admitted to practice in Indiana and before the U.S. District Court for the Northern District of Indiana. Mr. Vanderground is a member of the Indiana State, Lake County, and Jasper County bar associations. He graduated from Valparaiso University School of Law and Grace College, where he is an adjunct professor. (Merrillville location)

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

IN CLE: 6.00 Includes - Ethics: 1.00
This course has been approved by the Indiana Supreme Court Office of Admissions & Continuing Education. Participating attorneys are eligible to receive up to 6.0 hours of CLE credit, which includes 1.0 hour of ethics. Newly admitted attorneys may receive 6.0 hours of new attorney CLE.


IN INS: 6.00
This course has been approved by the Indiana Department of Insurance for 6.0 hours of credit. 100% attendance is required to receive credit.

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How To Order

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