Live Seminar

Personal Injury Damages Start to Finish

Seminar

Date:

Friday, April 13, 2018

Time:

9:00 AM - 4:30 PM

Product ID#:

79311ER

Location:

Executive Court Banquet Center

1199 South Mammoth Road

Manchester, NH 03109

$349.00

$339 / Each Additional

Registration Includes Course Book

Credit Information

Continuing Legal Education

  • NH 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. Negotiating the Structured Settlement to Resolve Complex Cases
  5. Sources of Recovery and Liens
  6. Legal Ethics
  7. Negotiating and Litigating the Damages: Defense Perspective
  8. 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 - 9:45, Peter E. Hutchins
    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, Peter E. Hutchins
    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 - 11:30, Christopher McGown
    1. Factors to Consider in Quantifying Damages
    2. Joint and Several Liability
    3. Sources of Statistical Data
    4. Using Experts to Quantify Damages
    5. Past and Future Medical Expenses/Treatment
    6. Property Damage in an Injury Case
    7. Determining Future Value: Present Value vs. Inflation and Cost-of-Living Adjustment
  4. Negotiating the Structured Settlement to Resolve Complex Cases
    11:30 - 12:15, Peter Early
    1. Role of Structured Settlement Consultant
    2. Using Annuities for Case Evaluation
    3. Taking Advantage of Medical Underwriting
    4. “Bridging the Gap” Between Parties
    5. Needs-Based Approach to Settlement and Beyond
    6. Navigating Medicare and Medicaid Issues
    7. Ensuring Proper Settlement Documentation
  5. Sources of Recovery and Liens
    1:15 - 1:45, John L. Ward
    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
  6. Legal Ethics
    1:45 - 2:45, Paul R. Kfoury Sr.
    1. Researching and Avoiding Conflicts of Interest
    2. Attorney Fees
    3. Medical Records and HIPAA Compliance
    4. Protecting Confidentiality
  7. Negotiating and Litigating the Damages: Defense Perspective
    3:00 - 3:45, Christopher P. McGown
    1. Negotiating Tactics
    2. Subrogation
    3. Key Pleadings and Motions
  8. Negotiating and Litigating the Damages: Plaintiffs' Tactics
    3:45 - 4:30, John L. Ward
    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

PETER EARLY is an associate with Ringler Associates. He has been involved in the design and implementation of several structured settlement annuities, specializing in Medicare and Medicaid issues, special needs trusts, and complex litigation. Mr. Early is an active member of the National Structured Settlements Trade Association. He earned both of his B.A. degrees at the University of Maryland.

PETER E. HUTCHINS is the principal owner of the Law Offices of Peter E. Hutchins, PLLC, in Manchester, New Hampshire., where his main areas of practice are plaintiff's personal injury, insurance coverage and civil sexual abuse civil litigation. He is a frequent speaker at educational seminars on insurance, civil procedure and personal injury issues. Mr. Hutchins is a member, current treasurer and past-president of the New Hampshire Bar Association, and is on the New Hampshire Bar Association CLE Committee. He is a member of the New Hampshire Association for Justice. Mr. Hutchins practices in both the New Hampshire state court system and in federal court, and has had numerous appeals of issues relating to tort and personal injury practice to the New Hampshire Supreme Court. He earned his B.A. degree, cum laude, from Dartmouth College; and his J.D. degree, magna cum laude, from Boston College Law School.

PAUL R. KFOURY SR. served as a trial court judge in New Hampshire for 20 years. He currently serves as a mediator and arbitrator in a wide variety of civil matters. Mr. Kfoury’s law practice focuses on business law, probate and estate planning. He is a former president of the Manchester Bar Association, a former adjunct professor of business law in the University of New Hampshire’s MBA program and former chairperson of the Business Litigation Section of the New Hampshire Bar Association. Mr. Kfoury is a fellow of the New Hampshire Bar Foundation and he has been admitted to practice before the United States Supreme Court.

CHRISTOPHER P. McGOWN is an attorney with Wadleigh, Starr & Peters, P.L.L.C., where he focuses on medical malpractice, commercial litigation, and personal injury. Prior to joining the firm, Mr. McGown worked as a summer law clerk at the New Hampshire Superior Court, Hillsborough North, and as a summer associate at Wadleigh. He is admitted to practice in New Hampshire and the U.S. District Court, District of New Hampshire. He is a member of the New Hampshire Bar Association, as well as the Daniel Webster-Batchelder Inn of Court. He received his B.A. degree from the University of New Hampshire, followed by earning his J.D. degree from Boston University School of Law.

JOHN L. WARD is an attorney with Patch, FitzGerald & Ward, P.A., located in Manchester, New Hampshire. Mr. Ward’s areas of concentration are personal injury, workers’ compensation, and Social Security disability claims. He is currently a member of the New Hampshire Bar Association, New Hampshire Association for Justice and the National Organization of Social Security Claimant’s Representatives. He also serves on the Board of Directors for the William B. Cashin Senior Activity Center, Manchester City Library Foundation and as the chair for the Workers’ Compensation Section of the New Hampshire Bar. Mr. Ward was recently selected by the National Academy of Personal Injury Attorneys as one of the top ten personal injury attorneys under 40 in New Hampshire. He was also recently named by the National Trial Lawyers Association as a Top 40 Under 40 civil plaintiff attorney. Mr. Ward was also recently recognized in Super Lawyers Magazine as a Rising Star in the area of workers’ compensation. He graduated, cum laude, from UNH, majoring in political science, and went on to law school at the Franklin Pierce Law Center, now UNH School of Law, where he was selected to participate in the Daniel Webster Honors Program and the Constitutional Law Moot Court team.

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

NH CLE: 6.00 Includes - Ethics: 1.00
NHMCLE does not approve or accredit CLE activities for the NH Minimum CLE requirement. NBI, Inc. believes this course meets the requirements of NH Supreme Court Rule 53 toward the annual NHMCLE requirement.


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