Audio CD + Course Book

Wrongful Death Litigation: Start-to-Finish

Audio CD + Course Book

Copyright Date:

May, 2018

Product ID#:

78836CDRA

Audio + Course Book

Credit Information

Continuing education credit
is not available on this program.


  • For additional questions regarding
  • continuing education credits,
  • please contact us at 866-240-1890
  • or credit@nbi-sems.com
From Event: Wrongful Death Litigation: Start-to-Finish, held May 2018.

Program Description

How do you prove and calculate conscious pain and suffering? How do you successfully communicate autopsy evidence to the judge/jury and present them with a dollar amount? Whether you represent the plaintiff or the defense, you need specialized litigation strategies when taking on a wrongful death case. This focused guide will show you how to find hidden coverage; negotiate loss of consortium, future benefits and life expectancy with insurance companies; use cell phone records to prove negligence; and create effective exhibits that reveal the relationships of family members. Don't miss this unique opportunity to learn what it has taken top attorneys years to hone and refine. Order today!

Course Content

  1. Filing the Wrongful Death Lawsuit and Insurance Coverage Examination
  2. Accident Scene Investigation Strategies: Secrets Adjusters Don't Want You to Know
  3. Using Medical Experts and Records to Determine Cause of Death and Liability
  4. Wrongful Death Damages - Strategy, Evidence and Calculations
  5. Successfully Negotiating Wrongful Death with Insurance Companies
  6. Trial of the Wrongful Death Case - Tips From Top Attorneys
  7. Upholding Ethical Standards in Wrongful Death Cases

Continuing Education Credit

Continuing education credit is not available at this time.
For additional questions regarding continuing education credits please contact us at 866-240-1890 or credit@nbi-sems.com.

Agenda / Content Covered

  1. Filing the Wrongful Death Lawsuit and Insurance Coverage Examination
    9:00 - 9:45, Written by Scott A. Benkie. Presented by Adam J. Sedia in Merrillville and Scott A. Benkie in Indianapolis.
    1. State Legislation Update, Trends and Developments
    2. Auto/Truck Accident? Work Accident? Med Mal? Nursing Home Negligence? Case Intake Tips for Each
    3. Eligibility to Pursue a Civil Claim
    4. Pursuing Wrongful Death Suit and Survivor Action
    5. Working with the Personal Representative
    6. Determining Liability and Proving Negligence
    7. Locating ALL Potential Sources of Coverage
    8. Handling Subrogation Issues
    9. Pursuing a Civil Case Connected to a Criminal Act
  2. Accident Scene Investigation and Documentation
    9:45 - 10:45, Written by Dr. David G. Curry and Dr. John E. Meyer. Presented by Stephan M. Neese in Merrillville and Dr. David G. Curry and Dr. John E. Meyer in Indianapolis.
    1. Preservation and Spoliation Issues
    2. Photos and Video Recordings of the Scene
    3. Spotting Red Flags
    4. Questions to Always Ask Witnesses
    5. Cell Phone Evidence
  3. Using Medical Experts and Records to Determine Cause of Death and Liability
    11:00 - 12:00, Written by Laura R. Crowley. Presented by Adam J. Sedia n Merrillville (Rhett Tauber and Jaret Tauber may also chime in but are NOT presenting this topic) and Laura R. Crowley in Indianapolis.
    1. Medical Examiner and Doctor Deposition Strategy
    2. Grief Counselors/Therapists
    3. Using the Medical Records to Establish the Reasonableness of Cost
    4. Admission and Authentication of Medical Records as Evidence
    5. Authenticating and Admitting Autopsy Evidence
    6. Connecting Autopsy Results to Your Litigation Strategy
    7. Examination of Doctors
    8. Using Economists to Determine Wage Loss and Household Services
    9. Examination of the Coroner/Medical Examiner
    10. Invalidity of the Opposing Doctor's Methodologies/Evidence
  4. Trial of the Wrongful Death Case - Tips From Top Attorneys
    1:00 - 2:00, Written by Jeffrey A. Hammond. Presented by Rhett L. Tauber in Merrillville and Jeffrey A. Hammond in Indianapolis.
    1. Selecting the "Perfect" Jury for the Wrongful Death Case
    2. Communicating Autopsy Results to the Jury
    3. Approaching the Jury with a Dollar Amount
    4. Effective "Day in the Life" Video
    5. Medical Examiner Expert Witness Testimony
    6. Examination of Family Members
    7. Exhibits Relating to Character, Talents and Relationships
    8. Effective Trial Theme
    9. Addressing Conscious Pain and Suffering
    10. Case Law Review
  5. Upholding Ethical Standards in Wrongful Death Cases
    2:15 - 3:15, Written by Cari L. Sheehan. Presented by Jared R. Tauber in Merrillville and Cari L. Sheehan in Indianapolis.
    1. Who is the Client?
    2. Managing Conflicts Among Beneficiaries
    3. Naming Estranged Parents in the Suit
    4. Distribution of Settlement Proceeds
    5. Joint Representation and Apportionment Conflicts
    6. Recovery of Attorney's Fees

May 11 - Merrillville

STEPHAN M. NEESE is president of Stephan M. Neese & Associates Accident Reconstruction, Inc. He is an accident reconstruction specialist and collision analysis consultant. Mr. Neese has been ACTAR certified since 1997. ACTAR is the national comprehensive program of accreditation and certification in accident reconstruction (Accreditation Commission for Traffic Accident Reconstruction). Mr. Neese attended the Traffic Institute at Northwestern University, Evanston, Illinois. He is a retired police officer, with over twenty years continuous service with the Schererville Police Department, where he developed an accident investigation specialty and created and supervised the departmental accident reconstruction team and accident training. Mr. Neese has provided expert testimony in more than one-hundred trials and two-hundred-fifty depositions, including federal, civil and criminal courts for civil plaintiffs and defendants, criminal prosecution and criminal defense. He has reconstructed over fourteen-hundred collisions that included automobiles, sport utility vehicles, commercial trucks and busses, trains, motorcycles, and pedestrians. As a certified instructor by the State of Indiana Law Enforcement Training Board, he developed and taught the Crash Investigation and Photography curriculum for Northwest Indiana Law Enforcement Training Council. Mr. Neese is a member of the Certified Accident Investigators, Illinois Association of Technical Accident Investigators, International Network of Collision Reconstruction, and the Society of Automotive Engineers (Affiliate Member).

MARK J. SCHOCKE is an attorney with The Law Office of David Gladish, P.C. He focuses his practice on the defense of complex litigation. Upon graduation from law school, Mr. Schocke began his practice by defending physicians and hospitals in medical malpractice suits. Since then, he has expanded his practice to include a variety of complex products liability, nursing home and trucking accident cases. Additionally, Mr. Schocke provides coverage opinions and defends first party bad faith claims filed against insurers. He received his undergraduate degree from Purdue University and his law degree from Indiana University School of Law. Mr. Schocke is admitted to practice in Indiana and Illinois, as well as before the Supreme Court of the United States, the U.S. District Court for the Northern and Southern districts of Indiana, and the U.S. District Court for the Northern District of Illinois.

ADAM J. SEDIA is an attorney with the law firm of Hoeppner Wagner & Evans LLP in Merrillville where he concentrates his practice in all areas of civil litigation, with a special focus on appellate work. Mr. Sedia has litigated dozens of cases before the Indiana appellate courts and the U.S. Court of Appeals for the Seventh Circuit. In addition, Mr. Sedia has jury trial experience and has represented individuals and businesses in a wide variety of cases in state and federal courts, as plaintiffs and as defendants. He has had scholarly articles on a variety of subjects from patents to insurance coverage published in various law journals. Mr. Sedia is a past president of the Lake County Bar Association and a member of the Indiana State Bar Association, Calumet American Inns of Court and the Indiana Trial Lawyers Association. He received his B.S., B.A., degrees, with distinction, from Indiana University and his J.D. degree from DePaul University College of Law.

May 15 - Indianapolis

SCOTT A. BENKIE is a partner in the Indianapolis law firm of Benkie & Crawford Attorneys at Law. Mr. Benkie has practiced in the areas of commercial litigation and personal injury, including wrongful death and medical malpractice since 1985. He is a sustaining member of the Indiana Trial Lawyers Association, is AV rated by Martindale Hubbell, and in the top 5% in the U.S. in the Bar Register of Preeminent Lawyers. Mr. Benkie earned his B.A. degree from Hanover College and his J.D. degree from Indiana University School of Law- Indianapolis.

LAURA R. CROWLEY is a partner in the law firm of Lee Cossell & Crowley, LLP. She has handled medical negligence cases for over 17 years. Ms. Crowley received a Bachelor of Science Nursing Degree from SUNY and her J.D. degree from Indiana University School of Law Indianapolis. Her nursing experience, which includes emergency room and operating room, play a key role in her evaluation and work up of cases. Ms. Crowley is a sustaining member of the Indiana Trial Lawyers Association and has served as a member of the faculty in Continuing Legal Education through that organization. She is a member of both national professional organizations, which include the American Association for Justice and the National Trial Lawyers: Top 100, and the Indianapolis Bar Association.

DR. DAVID G. CURRY PH.D., CHFP, CSP, is the chief scientist and principal consultant for the human factors and safety practice area of the Packer Engineering Group, a multi-disciplinary engineering and technical consulting firm located in the Chicago metro area. He consults on all aspects of human factors, applied human performance, ergonomics, and safety. Areas of particular expertise include: human-machine interface design and evaluation, human capabilities and limitations in applied environments, industrial ergonomics, instructions and warnings, perception/vision/visibility, slips/trips/falls, the evaluation of equipment/facilities/structures from a human use standpoint, and safety-related issues in general. Dr. Curry is recognized as an expert in operator-vehicle interaction, and is a certified human factors professional. He is the author of over fifty technical papers dealing with various issues relating to applied human performance, safety, and accident investigation. Dr. Curry holds several patents and has or does serve as a member of national standards-making committees for a variety of organizations (e.g., ANSI, ASTM, and SAE.) He has provided expert testimony in both state and federal courts. Dr. Curry holds graduate degrees in experimental, human factors, and cognitive/perceptual psychology, industrial engineering, and business. His experience includes over 30 years of work in accident investigation, product design and development, operational testing and analysis, and both laboratory and field research in the control/display, aviation, and surface vehicle arenas.

JEFFREY A. HAMMOND is a plaintiff’s personal injury attorney with Cohen & Malad, LLP, in Indianapolis. Licensed to practice in both Indiana and Illinois, his practice is focused on serious personal injury and wrongful death cases involving construction accidents, premises liability, defective and dangerous products, industrial accidents, state and local governmental liability, structural collapse, scaffolding accidents, crane accidents, and aerial/scissor lift accidents. Mr. Hammond is an OSHA authorized construction safety trainer and as such, he is authorized to conduct OSHA construction safety courses to educate others on the recognition, avoidance, abatement and prevention of safety and health hazards on construction sites. He is also an ardent student of trial advocacy and has completed the AAJ Ultimate Trial Advocacy College: The Art of Persuasion that was conducted at Harvard Law School, as well as the National Institute of Trial Advocacy’s Advanced Trial Advocacy program, and the AAJ Advanced Depositions College in Washington, D.C. Mr. Hammond earned his B.A. degree from Purdue University and his J.D. degree from Indiana University-Bloomington, Maurer School of Law. He is a member of the Indiana State Bar Association, the Indiana Trial Lawyers Association, the American Association for Justice (Crane and Aerial Lift Injury Litigation Group; Construction Accidents and Defects Litigation Group), and the Sagamore American Inns of Court (barrister member).

DR. JOHN E. MEYER is president of Edison Engineering. Dr. Meyer is responsible for the engineering investigation of accidents, incidents, mishaps, and failures of all kinds. He specializes in accident investigation and reconstruction; failure analysis; computer-aided modeling and simulation; testing; and analysis of machine design, usage and safety. Dr. Meyer has extensive experience involving a widely diverse range of items, including aircraft, industrial equipment and machinery, automobiles and other vehicles, as well as consumer products. He earned his B.S. degree, summa cum laude, from Bethel College and his M.S. and Ph.D. degrees from Massachusetts Institute of Technology. He is licensed in Illinois, Alabama and for NCEES. Dr. Meyer is a member of the American Society of Mechanical Engineers (ASME), the American Society of Photogrammetry & Remote Sensing (ASPRS), the American Society of Safety Engineers (ASSE), the Human Factors & Ergonomics Society (HFES), the Illuminating Engineering Society of North America (IESNA) and the Society of Automotive Engineers (SAE).

CARI L. SHEEHAN is of counsel in Barnes & Thornburg LLP's Indianapolis office and is a member of the litigation department. Ms. Sheehan serves as professional responsibility counsel to the firm and focuses on various legal ethics and professional responsibility matters. Prior to joining Barnes & Thornburg LLP, Ms. Sheehan worked on a wide variety of litigation matters, including Title IX litigation, employment discrimination, bullying and school litigation, complex torts, civil rights litigation, police misconduct, medical malpractice, personal injury, wrongful death claims, and criminal issues. She has represented clients in state and federal courts in Indiana and Illinois. Ms. Sheehan is admitted to practice in Indiana and Illinois. She also is admitted to practice before the U.S. District Court for the Northern and Southern districts of Indiana, U.S. District Court for the Northern and Southern districts of Illinois, U.S. District Court for the Eastern District of Michigan, U.S. Bankruptcy Court for the Southern District of Indiana and Northern District of Illinois, and the U.S. Court of Appeals for the Seventh Circuit. Ms. Sheehan is a member of the Indiana State Bar Association, Indianapolis Bar Association, and the Saint Thomas More Legal Society. She earned her B.A. degree, cum laude, from the University of Southern Indiana; and her J.D. degree, magna cum laude, from the Indiana University Robert H. McKinney School of Law.

JARED R. TABUER is a partner at Tauber Law Offices, where he represents individuals and corporations with a wide array of legal services, including personal injury cases, probate, litigation, real estate, business transactions, and commercial matters. He has represented numerous clients from varied backgrounds, and has served as a Judge Pro Tem in Lake Superior Court. Mr. Tauber is admitted to practice law in Indiana and before the U.S. District Court for the Northern and Southern districts of Indiana, as well as the U.S. Court of Appeals for the 7th Circuit. He is a member of the American, Lake County and Indiana State bar associations, and the Indiana Trial Lawyers Association. Mr. Tauber earned his B.A. degree from Indiana University - Bloomington and his J.D. degree from Valparasio University School of Law.

RHETT L. TAUBER is president and senior partner of Tauber Law Offices. Mr. Tauber's practice consists of personal injury litigation, school law, banking law, real estate transactions, municipal law, corporate law and general civil litigation. He is licensed to practice in Indiana, and before the U.S. District Court for the Northern District of Indiana, the U.S. Court of Appeals 7th Circuit, and the U.S. Supreme Court. Mr. Tauber earned his B.A. degree from Valparaiso University and his J.D. degree, magna cum laude, from Valparaiso University School of Law. He is a member of the American Bar Association, the Indiana State Bar Association, the Lake County Bar Association, the Indiana Trial Lawyers Association, and the American Association for Justice.

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

Additional Format Options

Questions


How To Order

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