Live Seminar

Damages in Personal Injury



Friday, May 18, 2018


9:00 AM - 4:30 PM

Product ID#:



Four Points by Sheraton Lexington

1938 Stanton Way

Lexington, KY 40511


$339 / Each Additional

Registration Includes Course Book

Credit Information

Continuing Legal Education

  • KY CLE - 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
  • Corporate Counsel
  • Claims Representatives
  • 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 *

* denotes specialty credits

Agenda / Content Covered

  1. Types of Damages in an Injury Suit
    9:00 - 10:00, Martha Marie Eastman
    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
    10:00 - 10:45, James G. Womack
    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, Martha Marie Eastman
    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 - 1:45, HilaryM. Jarvis
    1. Collateral Source Rule
    2. Insurance Coverage
    3. Significant Case Law
    4. Claims Against Recovery
      1. Medicare Set-Asides
      2. Workers' Compensation Liens
      3. Medical Provider Liens
      4. Health Insurance Liens
  5. Legal Ethics
    1:45 - 2:45, Hilary M. Jarvis
    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
    3:00 - 3:45, Bradley C. Hooks
    1. Negotiating Tactics
    2. Subrogation
    3. Key Pleadings and Motions
  7. Negotiating and Litigating the Damages: Plaintiffs' Tactics
    3:45 - 4:30, Escum L. Moore III
    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

MARTHA MARIE EASTMAN is the principal of Eastman Law Office, where she practices in the areas of medical malpractice, nursing home abuse and neglect, general civil litigation, and personal injury. Ms. Eastman was recently a faculty member at the National Judicial College in Reno, Nevada and Trial Advocacy College, where she spoke on essentials of civil litigation sponsored by ATLA. She has spoken at the American Trial Lawyers Association's National Convention in San Francisco, California on "Discovery in Nursing Home Litigation." Ms. Eastman has lectured on nursing home topics in Toronto, Florida, New Mexico and Kentucky. She is a member of the Kentucky, Tennessee and North Carolina bar associations; The Association of Trial Lawyers of America (chair, Nursing Home Litigation Practice Group); the North Carolina Academy of Trial Lawyers; and the Kentucky Academy of Trial Attorneys (Board of Governors). Ms. Eastman earned her B.S. degree from Kent State University and her J.D. degree, cum laude, from the University of Louisville.

BRADLEY C. HOOKS is a partner with the firm of Landrum & Shouse, LLP, in Lexington, Kentucky. His primary focus of practice is insurance defense. Mr. Hooks is a member of the Fayette County and Kentucky bar associations. He is admitted to practice in the Commonwealth of Kentucky, the U.S. District Court of Kentucky (Eastern and Western districts), and the U.S. Court of Appeals for the Sixth Circuit. Mr. Hooks earned his B.A. and J.D. degrees from the University of Kentucky.

HILARY M. JARVIS is an attorney with Banks Law Office, PLLC. Her practice of law has primarily focused mostly on insurance defense litigation and trucking defense. Ms. Jarvis' cases have ranged from automobile and trucking accidents to premises liability to municipal liability. In addition, she served as an assistant adjunct professor at the University of Kentucky College of Law on the topic of negotiations and has presented numerous seminars. Ms. Jarvis earned her B.A. degree, magna cum laude, from the University of the South-Sewanee and her J.D. degree from the University of Kentucky College of Law.

ESCUM L. MOORE III is a partner with Moore & Moore, PLLC, where his plaintiff's practice is focused on medical negligence and personal injury. He is a member of the Kentucky, Fayette County and American bar associations; the Kentucky Justice Association; and the American Justice Association. Mr. Moore is admitted to practice before the U.S. District Court, Eastern District of Kentucky; the U.S. District Court, Western District of Kentucky; and the U.S. Court of Appeals, Sixth Circuit. He earned his B.A. degree from Centre College of Kentucky and his J.D. degree from the University of Kentucky. Mr. Moore is a director of Lawyer's Mutual Insurance Company of Kentucky and chairman of the Marketing Committee.

JAMES G. WOMACK is a member of the law firm of Embry Merritt Shaffar Womack, PLLC, with over 22 years of trial experience throughout the Commonwealth of Kentucky. His practice focuses on insurance defense issues and the litigation of hundreds of cases throughout all of Kentucky, in both state and federal court. Mr. Womack is admitted to practice in the Commonwealth of Kentucky; and before the U.S. District Court, Eastern and Western Districts of Kentucky; and the U.S. Court of Appeals, Sixth Circuit. He earned his B.A. degree from the University of Southern Indiana and his J.D. degree from Salmon P. Chase College 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

KY CLE: 6.00 Includes - Ethics: 1.00
This activity has been approved by the Kentucky Bar Association Continuing Legal Education Commission for a maximum of 6.0 credits, of which 1.0 hour relates to ethical considerations.

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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