Live Seminar

Personal Injury Damages Start to Finish

Seminar

Date:

Friday, April 27, 2018

Time:

9:00 AM - 4:30 PM

Product ID#:

78737ER

Location:

Embassy Suites

1050 Westbrook St.

Portland, ME 04102

$349.00

$339 / Each Additional

Registration Includes Course Book

Credit Information

Continuing Legal Education

  • ME CLE - 6.00

Other

  • Insurance - 1.00

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 *

Insurance – Insurance: 1.00


* denotes specialty credits

Agenda / Content Covered

  1. Types of Damages in an Injury Suit
    9:00 - 9:45, William Gallitto III
    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 and Earning Capacity
    9. Punitive Damages
    10. Damages in Fatality Cases
  2. Documenting the Extent of the Injury
    9:45 - 10:30, Gary Goldberg
    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
    10:45 - 12:00, E. Chris L'Hommedieu
    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
    3. Sources of Statistical Data
      1. Inflation adjustment
      2. Labor Statistics
      3. Dictionary of Occupational Titles
    4. Using Experts to Quantify Damages
      1. Economic Loss Calculation
      2. Life Care Plan
    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, Mark V. Kenny
    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
    1:30 - 2:30, John W. Chapman
    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, Mark V. Kenny
    1. Negotiating Tactics
    2. Subrogation
    3. Key Pleadings and Motions
  7. Negotiating and Litigating the Damages: Plaintiffs' Tactics
    3:30 - 4:30, Gary Goldberg
    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

JOHN W. CHAPMAN is a partner in the Portland law firm of Kelly & Chapman, where he practices in the areas of workers' compensation law, labor law, employee relations law, police liability, police misconduct and personal injury law. Mr. Chapman earned his A.B. degree, cum laude, from Bowdoin College and his J.D. degree from the University of Maine. He is a member of the Maine Trial Lawyers Association. Mr. Chapman advises the Sportsman's Alliance of Maine and Gun Owners of Maine. He is a graduate of the NRA Range Design School and is a certified range safety officer. Mr. Chapman is admitted to practice before the Bureau of Alcohol, Tobacco and Firearms.

WILLIAM GALLITTO III is an attorney with Bergen & Parkinson, LLC. As a member of the civil litigation practice group, he focuses his practice on personal injury and wrongful death cases. Prior to joining Bergen & Parkinson LLC, he worked in Boston at one of New England’s largest plaintiff law firms where he represented victims of toxic exposures, primarily victims of asbestos exposure who developed mesothelioma and lung cancer. He also defended complex product liability cases in state and federal courts across New England while practicing at a regional civil litigation law firm in Boston. He received his Juris Doctorate degree, cum laude, from New England School of Law in Boston, where he served as a technical editor of the New England Law Review. He earned his Bachelor of Arts degree at Colby College in Waterville, Maine. He is admitted to the bars of the Maine, Massachusetts, and Connecticut state and federal courts.

GARY GOLDBERG is associated with the Portland law firm of Terry Garmey & Associates. He represents plaintiffs in personal injury, medical malpractice and products liability litigation. Mr. Goldberg is a graduate of Columbia Law School, where he was on the Law Review and was a Kent and a Stone scholar. Mr. Goldberg previously chaired the CLE program of the Maine Trial Lawyers Association and has been a guest mentor at Harvard Law School’s Mock Trial Program. He presently teaches a CLE certified Trial Skills Training Seminar for lawyers.

MARK V. KENNY is an attorney in the law firm of Verrill & Dana LLP, in Portland. Mr. Kenny practices in the areas of personal injury, product liability, premises liability, medical malpractice, insurance litigation and complex litigation. He is admitted to practice in Massachusetts; U.S. District Court, District of Massachusetts; The District of Columbia; and Maine. Mr. Kenny received his B.A. degree from Stony Brook University, New York, and his J.D. degree, cum laude, from New England School of Law. He is a member of the Maine State Bar Association.

E. CHRIS L'HOMMEDIEU is the owner and founder of L'Hommedieu Law Office P.A., in Lewiston, Maine, where he focuses on bankruptcy law, personal injury, disability and family law. Mr. L'Hommedieu grew up in the military, attending schools overseas before accepting an appointment to the U.S. Coast Guard Academy. After law school, he ran an airline in the Virgin Islands with his father, returning to Maine to start his own practice in 1997. Mr. L'Hommedieu has taught numerous ongoing legal education courses. He is admitted to the Maine Bar and the First Circuit. Mr. L'Hommedieu earned a B.A. degree, magna cum laude, from Ithaca College and his J.D. degree at the University of Maine School of Law. Mr. L'Hommedieu is the president of Community Little Theater in Auburn.

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

ME CLE: 6.00 Includes - Ethics: 1.00
This course has been approved by the State of Maine Board of Overseers of the Bar. Lawyers who complete this course shall receive 6.0 hours of CLE credit including 1.0 ethics hours under M. Bar R. 12.


Insurance

ME INS: 1.00
Approved by the Maine Bureau of Insurance for 1.0 hours of continuing education credit. Course ID #25089.


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Mail: NBI
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