Live Seminar

Personal Injury Damages Start to Finish



Friday, April 20, 2018


9:00 AM - 4:30 PM

Product ID#:



CMBA Conference Center

One Cleveland Center

Cleveland, OH 44114


$349 / Each Additional

Registration Includes Course Book

Credit Information

Continuing Legal Education

  • OH CLE - 6.00


  • Insurance - 7.00

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: Plaintiffs' Tactics
  7. Negotiating and Litigating the Damages: Defense Perspective

Continuing Education Credit

Continuing Legal Education – CLE: 6.00 *

Insurance – Insurance: 7.00

* denotes specialty credits

Agenda / Content Covered

  1. Types of Damages in an Injury Suit
    9:00 - 9:50, Jessica Sloan
    1. General vs. Special Damages
    2. Past and Future Physical and /or Emotional Pain and Suffering
    3. Loss of Companionship/Consortium
    4. Permanent and Substantial Physical Deformity
    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
    9:50 - 10:30, Anne M. Markowski
    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 - 11:45, Anne M. Markowski
    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
      9. Current Rulings and How They Apply
    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
    11:45 - 12:35, Jessica Sloan
    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
    1:35 - 2:35, Scott E. Stewart
    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: Plaintiffs' Tactics
    2:50 - 3:40, Scott E. Stewart
    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
  7. Negotiating and Litigating the Damages: Defense Perspective
    3:40 - 4:30, Edward H. Blakemore
    1. Negotiating Tactics
    2. Subrogation
    3. Key Pleadings and Motions

EDWARD H. BLAKEMORE is assistant general counsel with Rockwell Automation, where he has primary responsibility for all product liability litigation and commercial litigation filed against the Fortune 500 company. In 2017, he assumed additional responsibilities as the chief investigative counsel for Ombudsman. Prior to joining Rockwell Automation, he was counsel-litigation for Eaton Corporation, where he defended product liability, employment, and commercial disputes for seven years. Prior to joining Eaton Corporation, Mr. Blakemore's diverse trial practice included the defense of corporations, insurers and businesses in all of the following areas of litigation: product liability, transportation litigation, catastrophic injury litigation, general liability, appellate litigation and professional liability. He has tried numerous cases to juries and the bench in several different Ohio jurisdictions and litigated appeals in nine of Ohio's 12 appellate districts. Mr. Blakemore is the president of the Operating Board of the Cuyahoga County Public Library and a member of the Board of Trustees of Applewood Centers. He earned his B.A. degree from Morehouse College in Atlanta and his J.D. degree from the University of Dayton School of Law in Dayton.

ANNE M. MARKOWSKI is a partner with Williams, Moliterno, & Scully Co., L.P.A. where she focuses her practice on insurance defense, premises liability, and negligence litigation. Ms. Markowski is admitted to practice in Ohio. She is a member of the Ohio State Bar Association. Ms. Markowski earned her B.A. degree from Xavier University and her J.D. degree from the University of Akron School of Law.

JESSICA SLOAN is an attorney with Roetzel & Andress, L.P.A., where she focuses her practice on litigation, with an emphasis on general liability defense, transportation litigation, and professional liability defense. Ms. Sloan has assisted clients in a wide array of matters and legal issues, including premises liability, motor vehicle casualty, employment discrimination, violations of the Family and Medical Leave Act, wrongful death, products liability, legal malpractice, medical malpractice, nursing home abuse and neglect, business disputes, financial services, title disputes, and foreclosure. She is admitted to practice in Ohio and Illinois, and before the U.S. District Court, Western District of Pennsylvania. Ms. Sloan is a member of the Cleveland Metropolitan Bar Association (Women in the Law Section). She earned her B.A. degree, summa cum laude, from the University of Akron and her J.D. degree, magna cum laude, from Michigan State University College of Law.

SCOTT E. STEWART is a partner in the Cleveland law firm of Stewart & DeChant Co., L.P.A., where he heads the firm’s Social Security disability and legal malpractice section. He also specializes in insurance law bad faith claims; personal injury claims, including vehicle and truck accidents; maritime law; intentional tort; drug recall litigation; and other areas of personal injury practice. Mr. Stewart is designated as a civil trial advocate by the National Board of Trial Advocacy and has been named as an Ohio Super Lawyer for at least the last four years. He is a member of the Million Dollar and Multiple Million Dollar Advocates Forum, is a member and past president of the Cleveland Academy of Trial Attorneys, as well as a member of the Ohio Academy of Trial Lawyers and the American Association for Justice. Mr. Stewart is a member of the American Bar Association and the Ohio State Bar Association, where he is currently a district representative. As a member of the Cleveland Metropolitan Bar Association, he is the past chairman of the Alternative Dispute Resolution Committee and was a former director on the Young Lawyers’ Section. Mr. Stewart is a diplomat in the American Board of Professional Liability Attorneys, as well as a member of the American Judicature Society, the National Organization of Social Security Claimant’s Representatives, the Ohio State Bar Foundation, and one of fewer than 130 associates of the American Board of Trial Advocates. In addition to lecturing to other practicing lawyers in Ohio, he has published on the topics of intentional tort law and experts. Mr. Stewart earned his B.A. degree from Bethany College and his J.D. degree from Case Western Reserve School 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

OH CLE: 6.00 Includes - Ethics: 1.00
This course has been approved by the Ohio Supreme Court Commission on Continuing Legal Education for 6.0 CLE credit hours, including 1.0 hour of attorney professional conduct instruction.


OH INS: 7.00 Pending Credit Approval
Application for CE credit has been submitted to the Ohio Department of Insurance. Approval pending.

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