Training Course Syllabus:
Get the Best Outcome in Your Personal Injury Case
Calculating and proving personal injury damages is a critical part of litigation - and one of the most difficult. As a civil litigator, perhaps you have struggled with the complex issues relating to liability - and with arriving at and defending an actual number that is reasonable.
That's where this practical seminar comes into the picture. In one day, you'll gain the information you need to deal with issues of liability, damages and coverages. Find strategies for staying in control of pre-trial and trial issues to avoid spiraling into frustration and a negative outcome. Understand the role of economists so you can ensure that they help your case. You'll walk away feeling confident you're prepared to quantify damages precisely and provide the sophisticated legal representation your client expects.
- Use pre-trial motions to control damage awards.
- Discover how to provide competent representation and avoid malpractice.
- Determine the best use of economic testimony to prove damages.
- Limit damages through comprehensive voir dire strategies.
- Decide when appeal is the appropriate action.
- DEVELOPING CASE STRATEGY THROUGH PREPARATION
9:00 - 9:45, Robert B. Buckalew, Cynthia Estes Rogers and William C. Frye.
- Initial Considerations for the Plaintiff and Defendant
- Thorough Case Investigation Techniques
- Pleadings in the Personal Injury Case
- Plaintiff's Act 649 Pleadings in the Personal Injury Case
- DEALING WITH ISSUES OF LIABILITY, DAMAGES AND COVERAGES
9:45 - 11:00, Robert B. Buckalew, Cynthia Estes Rogers and William C. Frye.
- Things to Consider When Dealing With the Issue of Liability
- Evaluating Damages in a Personal Injury Case
- Damages for Wrongful Death and Loss of Life
- Effective Use of an Economist to Prove Damages
- Pre-Suit Problems Regarding Liability Insurance Verification
- Extent of Auto Insurance Coverage
- Types of Auto Insurance Coverage
- Uninsured/Underinsured Coverage
- Statute of Limitations
- LIEN CONSIDERATIONS IN REGARD TO PERSONAL INJURY CASES
11:15 - 12:00, Robert B. Buckalew, Cynthia Estes Rogers and William C. Frye.
- Type of Liens
- Statutory Provisions for Medical Liens
- Establishing Attorney Liens
- Handling Subrogation
- PERSONAL INJURY LITIGATION VERSUS THE USE OF ADR TECHNIQUES: PROS AND CONS
1:00 - 2:00, Robert B. Buckalew, Cynthia Estes Rogers and William C. Frye.
- Strategic Time for Discussing Settlement
- Determining When to Use ADR Techniques
- The Mediation Process
- The Arbitration Process
- Concluding a Settlement
- SUCCESSFUL TRIAL TECHNIQUES
2:15 - 3:30, Robert B. Buckalew, Cynthia Estes Rogers and William C. Frye.
- Preparation: No Stone Left Unturned
- Choose Your Trial Methods: Jury or Non-Jury?
- How to Prepare for Depositions
- Pre-Trial Motions and Offers of Judgment
- Preparing Exhibits
- Techniques for Picking a Jury
- Opening Statements: What Should and Should Not Be Said
- Successful Direct Examinations
- The Use of Expert Witnesses
- Effective Use of Demonstrative Evidence
- Demonstrating the Impact of Injuries
- Guidelines for an Effective Cross-Examination
- Strong Closing Arguments That Prove Damages
- IDENTIFY AND DEAL WITH COMMON ETHICAL PROBLEMS
3:30 - 4:30, Robert B. Buckalew, Cynthia Estes Rogers and William C. Frye.
- Following the Rules of Professional Conduct
- Maintaining Confidentiality
- Avoiding Conflicts of Interest
- Pitfalls to Avoid When Representing Multiple Claims
- Declining or Terminating Representation
- Contacts With Persons Other Than Clients
- Settling the Question of Legal Fees
- Avoiding Legal Malpractice in Personal Injury Actions
- Our Tarnished Image as a Profession