Live Seminar

Pain and Suffering Damages in Personal Injury



Friday, March 23, 2018


9:00 AM - 4:30 PM

Product ID#:



Holiday Inn Hotel & Suites Phoenix Airport

3220 South 48th Street

Phoenix, AZ 85040


$349 / Each Additional

Registration Includes Course Book

Credit Information

Continuing Legal Education

  • AZ CLE - 6.00

Program Description

Successfully Argue the Most Subjective Damages in Injury Settlements and Judgments

How do you put a monetary value on physical pain and emotional and mental harms? How can you convince an opposing party or jurors of the true extent or nature of a claimant's suffering? In this program, knowledgeable attorney faculty will share their know-how and concrete approaches to negotiating or litigating these intangible damages. Take control of injury case recoveries - register today!

  • Think like an adjuster: find out what factors insurance companies consider when gauging P&S.
  • Discover when pain, suffering and other nonmedical losses are subject to a lien.
  • Explore the tactics defense attorneys use to keep pain and suffering damages down.
  • See how plaintiffs' attorneys quantify, prove and increase pain and suffering damages.
  • Find out how to use the discovery process to develop or defend against pain and suffering claims.
  • Learn how to get your proofs admitted (and keep theirs out).

Who Should Attend

This basic-to-intermediate level seminar is designed for attorneys. Insurance adjusters and paralegals may also benefit.

Course Content

  1. Pain and Suffering Damages: A Brief Introduction
  2. Negotiating and Litigating P&S Damages: Plaintiffs' Tactics
  3. Negotiating and Litigating P&S Damages: Defense Perspective
  4. How Insurance Companies Evaluate Pain and Suffering
  5. Quantifying Pain and Suffering Damages
  6. Handling Lien Claims
  7. Legal Ethics

Continuing Education Credit

Continuing Legal Education – CLE: 6.00 *

* denotes specialty credits

Agenda / Content Covered

  1. Pain and Suffering Damages: A Brief Introduction
    9:00 - 9:45, Alan P. Bayham Jr.
  2. Negotiating and Litigating P&S Damages: Plaintiffs' Tactics
    9:45 - 10:45, Alan P. Bayham Jr.
    1. Direct Negotiations with Insurance Claims Representative
    2. Lay Witnesses
    3. Using Expert Reports and Testimony
    4. Using the Discovery Process to Build Pain and Suffering Claims
    5. Pain and Suffering in Wrongful Death Cases
    6. How to Get Your Pain and Suffering Evidence Admitted (and Keep Theirs Out)
    7. How to Prove Pain and Suffering at Trial
  3. Negotiating and Litigating P&S Damages: Defense Perspective
    11:00 - 12:00, Brett T. Donaldson
    1. Using Discovery to Defend Against Pain and Suffering Claims
    2. IMEs and the Examiner's Observations
    3. How to Counter Sympathy Tactics and Graphic Displays
    4. Negotiating Tips to Minimize Pain and Suffering
    5. How to Get Your Evidence Admitted and Keep Theirs Out
    6. Jury Selection/Voir Dire Questions
    7. Using Medical Records/Notes and Doctor Testimony
    8. How to Present Pain and Suffering at Closing
  4. How Insurance Companies Evaluate Pain and Suffering
    1:00 - 1:45, Brett T. Donaldson
    1. Key Factors Adjusters Consider
    2. Colossus/Software Programs
    3. Claimant and Attorney Factors
    4. Setting of Reserves
    5. Insurance Coverage
    6. Documentation That Makes a Difference in an Adjuster's Evaluation
  5. Quantifying Pain and Suffering Damages
    1:45 - 2:30, Jason M. Kelly
    1. Factors to Consider in Quantifying Pain and Suffering Damages
    2. Finding Evidence: What to Look for, Where to Get It
    3. Medical Records, Charts, Prescriptions and Doctors' Notes
    4. Documenting Psychological Harms
    5. Liability and Apportionment
    6. Authoritative Resources to Use
    7. Using Experts to Quantify Pain and Suffering
    8. Calculating Future Pain and Suffering
  6. Handling Lien Claims
    2:30 - 3:15, Jason M. Kelly
    1. Understanding Lien Rights and Limitations
    2. When Are Pain, Suffering and Other Nonmedical Losses Subject to a Lien?
    3. Ahlborn and Other Key Case Law
    4. Settlement Designations and Allocations
    5. Building a Case to Limit Repayment
    6. Handling Claims Against Recovery
      1. Medicare Liens
      2. Medicaid Liens
      3. ERISA/Health Insurance Liens
  7. Legal Ethics
    3:30 - 4:30, Dr. Paul D. Friedman
    1. Attorney-Client Relationship
    2. Conflicts of Interest
    3. Medical Records and HIPAA Compliance
    4. Attorneys' Fees
    5. Duty of Candor
    6. Painkiller Addiction: Handling Impaired Clients

ALAN P. BAYHAM JR. is a partner in the law firm of Bayham Jerman, PLLC, where he practices in the area of personal injury litigation. He has spoken on court and litigation management, as well as at national seminars on case management of civil cases. Mr. Bayham previously taught law classes at Gateway Community College (1991-1992). Mr. Bayham is a member of the State Bar of Arizona (past member, State Bar of Arizona Board of Governors; past president, Legal Specialization). He previously taught legal ethics and served as probable cause panelist in regards to legal ethics. Mr. Bayham is also a member of the Attorney Regulation Committee for the Supreme Court of Arizona (2010-2015). He earned his B.A. degree and J.D. degree from Arizona State University.

BRETT T. DONALDSON is a senior member of Cavanagh Law Firm, P.A. Mr. Donaldson's civil practice is primarily focused in the areas of claims and defenses involving motor vehicle collisions, insurance defense/special investigation/fraud, and also in areas of contracted agreements. He has extensive trial experience and has tried more than 60 jury trials to date with excellent results for his clients who are both individual and corporate clients. In addition to his civil practice, Mr.Donaldson practices in the area of criminal defense. Before becoming a prosecutor, he served as a sworn police officer in southern California and graduated number one in his police academy. Mr. Donaldson is a member of the State Bar of Arizona and the National Association of Criminal Defense Lawyers. He earned his B.A. degree from the University of Michigan and his J.D. degree, cum laude, from Thomas M. Cooley.

DR. PAUL D. FRIEDMAN is a member of O’Steen & Harrison PLC. Dr. Friedman joined the firm in 1996, and practices in the areas of medical malpractice, significant personal injury and ethics matters. He tried his first traumatic brain injury case in 1993; his practice emphasizes traumatic brain and birth injury cases. He is admitted to practice in Arizona, Colorado (inactive), Washington D.C. (inactive), Ninth Circuit Court of Appeals and the U.S. Supreme Court. He is board certified by the National Board of Legal Specialty Certification in civil pretrial practice advocacy and civil trial advocacy (NBOTA). Dr. Friedman has been certified in injury and wrongful death litigation by the State Bar of Arizona since 1997. He is an associate with the American Board of Trial Advocates (ABOTA). Dr. Friedman is a diplomate of the American Board of Forensic Examiners® and routinely teaches the Certified Forensic Consulting® certification course. He graduated with a B.A. degree from the University of Arizona. He earned his J.D. degree from California Western School of Law, his M.A. degree in bioethics from Midwestern University/Arizona College of Osteopathic Medicine and his Ph.D. from LaCrosse University. Dr. Friedman is an adjunct professor of medical and research ethics at Midwestern University and the Arizona College of Osteopathic Medicine where he instructs current health care providers and students in the medical field.

JASON M. KELLY is a partner with Fredenberg Beams in Phoenix, Arizona. He focuses his practice on complex litigation matters, with an emphasis in plaintiffs' catastrophic personal injury, professional malpractice, and insurance bad faith. He litigates in all tribunals, from administrative hearings to arbitrations, civil trials, and appeals. He is a judge pro tem for the Maricopa County Superior Court and he recently began working as a private mediator. His professional memberships and activities include State Bar of Arizona, Maricopa County Bar Association, St. Thomas More Society, Arizona Celtic Bar Association, and the Yuma County Bar Association. Mr. Kelly earned his B.S.P.A. degree from the University of Arizona and his J.D. degree from the University of Arizona (Law Review), and is admitted to practice in Arizona and federal courts.

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

AZ CLE: 6.00 Includes - Ethics: 1.00
The State Bar of Arizona does not approve or accredit CLE activities for the Mandatory Continuing Legal Education requirement. This activity may qualify for up to 6.0 hours toward your annual MCLE requirement for the State of Arizona, including 1.0 hour of professional responsibility.

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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