Personal Injury & Negligence

4.7

Invisible Wounds: Pain and Suffering in Personal Injury Litigation

Credits Available
Credit Status Total
Alaska CLE Reciprocity 6 Total
Alabama CLE Approved 6 Total
Arkansas CLE Approved 6 Total
Arizona CLE Approved 6 Total
California CLE Approved 6 Total
Colorado CLE Approved 7 Total
Connecticut CLE Approved 6 Total
Delaware CLE Approved 6 Total
Florida CLE Approved 7 Total
Georgia CLE Approved 6 Total
Hawaii CLE Approved 6 Total
Iowa CLE Approved 6 Total
Idaho CLE Approved 6 Total
Illinois CLE Approved 6 Total
Indiana CLE Approved 6 Total
Kansas CLE Approved 7 Total
Louisiana CLE Approved 6 Total
Maine CLE Approved 6 Total
Minnesota CLE Approved 6 Total
Missouri CLE Approved 6 Total
Northern Mariana Islands CLE Approved 6 Total
Montana CLE Approved 6 Total
North Carolina CLE Approved 6 Total
North Dakota CLE Approved 6 Total
Nebraska CLE Approved 6 Total
New Hampshire CLE Approved 6 Total
New Jersey CLE Approved 7.2 Total
New Mexico CLE Approved 6 Total
Nevada CLE Approved 6 Total
New York CLE Approved 7 Total
Ohio CLE Approved 6 Total
Oklahoma CLE Approved 7 Total
Oregon CLE Approved 6 Total
Pennsylvania CLE Approved 6 Total
South Carolina CLE Approved 6 Total
Tennessee CLE Approved 6 Total
Texas CLE Approved 6 Total
Utah CLE Approved 6 Total
Vermont CLE Approved 6 Total
Washington CLE Approved 6 Total
Wisconsin CLE Approved 7 Total
West Virginia CLE Approved 7.2 Total
Wyoming CLE Approved 6 Total
North Carolina Continuing Paralegal Education Approved 6 Total
OnDemand
5 hours 54 minutes
Dennis O
John Dunlap
Anne-Marie Weatherly
Joshua Offenhartz
With Dennis F. O'Brien from Dennis F. O'Brien P.A. + 3 others
Recorded April 22, 2025
Product ID 100174

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Overview

Plaintiff and Defense Attorney Perspectives

The effects of pain and suffering often remain unseen yet profoundly affect victims' lives. As plaintiff's counsel, how do you shine a light on these invisible wounds and ensure clients receive the compensation they deserve? As defense counsel, how do you ferret out exaggeration or malingering and prevent that runaway verdict? This program will delve deep into the nuances of demonstrating and defending against claims of pain and suffering, equipping you with the tools needed to effectively advocate for your clients. Register today!

  • Learn how to put a number on past, present, and future pain and suffering damages.
  • Differentiate between objective and subjective assessments of physical pain.
  • Explore the complexities of emotional and psychological suffering.
  • Hear effective tactics for deposing and cross-examining plaintiffs.
  • Uncover strategies for selecting jurors sympathetic to pain and suffering claims.
  • Discover compelling evidence techniques from defense and plaintiff's attorney perspectives.

Abbreviated Agenda

  1. Quantifying the Unquantifiable: How to Value Pain and Suffering Damages
  2. Scrutinizing Medical Records, Diagnostic Tests, and Expert Reports
  3. Emotional and Psychological Suffering: Evidence, Assessments, and Limitations
  4. Deposition and Cross-Exam Pointers to Challenge Claims of Pain and Suffering
  5. Powerful Evidence Strategies for the Defense
  6. Jury Selection Tactics: Choosing the Right Jurors for High Damages Awards
  7. Creative Evidence Strategies for Plaintiffs
  8. Pain and Suffering Damages in Closing Arguments: Plaintiff vs. Defense Perspectives

Related Topics

Product ID 100174

Credit Details

Credits Available
Credit Status Total
Alaska CLE Reciprocity 6 Total
Alabama CLE Approved 6 Total
Arkansas CLE Approved 6 Total
Arizona CLE Approved 6 Total
California CLE Approved 6 Total
Colorado CLE Approved 7 Total
Connecticut CLE Approved 6 Total
Delaware CLE Approved 6 Total
Florida CLE Approved 7 Total
Georgia CLE Approved 6 Total
Hawaii CLE Approved 6 Total
Iowa CLE Approved 6 Total
Idaho CLE Approved 6 Total
Illinois CLE Approved 6 Total
Indiana CLE Approved 6 Total
Kansas CLE Approved 7 Total
Louisiana CLE Approved 6 Total
Maine CLE Approved 6 Total
Minnesota CLE Approved 6 Total
Missouri CLE Approved 6 Total
Northern Mariana Islands CLE Approved 6 Total
Montana CLE Approved 6 Total
North Carolina CLE Approved 6 Total
North Dakota CLE Approved 6 Total
Nebraska CLE Approved 6 Total
New Hampshire CLE Approved 6 Total
New Jersey CLE Approved 7.2 Total
New Mexico CLE Approved 6 Total
Nevada CLE Approved 6 Total
New York CLE Approved 7 Total
Ohio CLE Approved 6 Total
Oklahoma CLE Approved 7 Total
Oregon CLE Approved 6 Total
Pennsylvania CLE Approved 6 Total
South Carolina CLE Approved 6 Total
Tennessee CLE Approved 6 Total
Texas CLE Approved 6 Total
Utah CLE Approved 6 Total
Vermont CLE Approved 6 Total
Washington CLE Approved 6 Total
Wisconsin CLE Approved 7 Total
West Virginia CLE Approved 7.2 Total
Wyoming CLE Approved 6 Total
North Carolina Continuing Paralegal Education Approved 6 Total
Select Jurisdiction
CLE
Paralegal

Agenda

All times are shown in

  1. Quantifying the Unquantifiable: How to Value Pain and Suffering Damages

    1. Calculating Past, Present, and Future Pain and Suffering
    2. How Insurers Value Pain and Suffering
    3. Pain and Suffering in a Wrongful Death Case
    4. Strategies for Quantifying Pain and Suffering in Demand Packages

  2. Scrutinizing Medical Records, Diagnostic Tests, and Expert Reports

    1. Objective Assessments of Pain: Medical Evaluations, Pain Scales, Physiological Measurements
    2. Self-Reported Pain Levels and Other Subjective Assessments
    3. Cause of Pain: New vs. Pre-Existing Injury or Condition
    4. Independent Medical Examinations (IMEs)

  3. Emotional and Psychological Suffering: Evidence, Assessments, and Limitations

    1. Medical/Mental Health Records
    2. Psychological Assessments and Clinical Evaluations
    3. Subjective vs. Objective Findings and Limitations
    4. Admissibility of Psychological Evaluations and Expert Testimony

  4. Deposition and Cross-Exam Pointers to Challenge Claims of Pain and Suffering

  5. Powerful Evidence Strategies for the Defense

    1. Accident Reports, Recorded Statements, and Surveillance Footage
    2. Expert Testimony
    3. Medical Records
    4. Work and School Records

  6. Jury Selection Tactics: Choosing the Right Jurors for High Damages Awards

    1. Factors Influencing Juror Attitudes Toward Pain and Suffering and How to Elicit Them During Voir Dire
    2. Ethically Choosing Sympathetic Jurors and Eliminating Unfavorable Ones
    3. Techniques for Conditioning Jurors to Accept High Damages Awards

  7. Creative Evidence Strategies for Plaintiffs

    1. Plaintiff's Testimony and Impact Statements
    2. Expert Testimony
    3. Creating Compelling Visuals: Before-and-After Photos and Day-in-Life Videos
    4. Medical Records and Psychological Evaluations
    5. Witness Testimony and Impact Statements

  8. Pain and Suffering Damages in Closing Arguments: Plaintiff vs. Defense Perspectives

Who Should Attend

This program is designed for attorneys. Insurance professionals and paralegals may also benefit.

Speakers

Dennis F O'Brien
Dennis F.
O'Brien
Dennis F. O'Brien P.A.
John E Dunlap
John E.
Dunlap
Law Offices of John E. Dunlap
Anne-Marie Weatherly
Anne-Marie
Weatherly
The Weatherly Law Firm, LLC
Joshua C Offenhartz
Joshua C.
Offenhartz
Kahana Feld
Speaker bio
Dennis F O'Brien

Dennis F. O'Brien

Dennis F. O'Brien P.A.
Dennis O'Brien

is a sole proprietor at the law office of Dennis F. O'Brien, P.A., where his full-time civil litigation practice focuses on serious personal injury; product liability, including drug and medical devices; medical malpractice; nursing home negligence; appellate work; and general civil litigation. Mr. O'Brien is a member of the Maryland State, Harford County, Baltimore County and Baltimore City bar associations; and the American Association for Justice. He is admitted to practice before the U.S. District Court, District of Maryland; U.S. Court of Appeals, Fourth Circuit; and the U.S. Supreme Court. Mr. O'Brien is the co-author and author of a variety of articles, and is currently working on a book, Accident Reconstruction for Lawyers, to be nationally published by the National Institute for Trial Advocacy (NITA). He earned his B.S. degree from the University of Maryland Baltimore County and his J.D. degree, cum laude, from the Baltimore School of Law.

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Speaker bio
John E Dunlap

John E. Dunlap

Law Offices of John E. Dunlap
John Dunlap

is a sole practitioner with Law Offices of John E. Dunlap in Memphis, where he is board-certified by the Tennessee Continuing Legal Education and Specialization Commission in consumer bankruptcy. Mr. Dunlap's main areas of practice include bankruptcy, workers' compensation, personal injury, ERISA litigation, and Social Security disability. He is admitted to practice before the Sixth Circuit Court of Appeals and the United States Supreme Court. Mr. Dunlap is a member of the Memphis and American bar associations, as well as the National Association of Consumer Bankruptcy Attorneys. He earned his B.A. degree from the University of Tennessee at Knoxville and his J.D. degree from the University of Memphis.

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Speaker bio
Anne-Marie Weatherly

Anne-Marie Weatherly

The Weatherly Law Firm, LLC
Anne-Marie Weatherly

is a certified paralegal at The Weatherly Law Firm, LLC. She earned her associate of arts degree from Central Piedmont Community College and her bachelor's degree from University of North Carolina at Greensboro. Ms. Weatherly is licensed in North Carolina.

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Speaker bio
Joshua C Offenhartz

Joshua C. Offenhartz

Kahana Feld
Joshua Offenhartz

is an attorney with Kahana Feld. He is a business attorney who represents clients in the finance, medical, construction, real estate and culinary industries. Mr. Offenhartz has significant experience managing all phases of litigation, including preliminary investigations, discovery, depositions, settlement negotiations, mediation, motions for summary judgment, trial and appeals. Additionally, he serves as outside counsel for several small, medium and growing businesses that need day-to-day legal advice for their growing companies. Mr. Offenhartz is a member of Madison School District's Financial Advisory Board and a board member of the Desert States Region of Jewish National Fund. He supports the Phoenix Art Museum as a member of the Men's Art Council, and helps others by volunteering with Big Brothers and Big Sisters of Arizona, Saint Mary's Food Bank and the Wounded Warrior Project. Mr. Offenhartz earned his B.S. degree in public administration from the University of Arizona, and his master's and J.D. degrees from Arizona State University. He is licensed to practice law in Arizona; Southern District Court, District of Arizona; and Southern Court of Appeals, Ninth Circuit.

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