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Overview
Winning Strategies for Your Auto Litigation Practice
One of the truths of auto accident practice is that no matter how similar the cases look - they're never the same. Within this vast variety, however, there are patterns that form into effective legal strategies. You can spend years of trial practice amassing the information to make them apparent, or you can benefit from the decades of combined experience that our attorney faculty have distilled into a one-day crash course on getting to the successful resolution as quickly and efficiently as possible. We'll help you develop simple practical skills to streamline the process and avoid missing any pertinent issues or steps. Get the tools you need to win your next auto dispute - register today!
- Let our attorney faculty walk you through a crash case from the time of the collision through trial.
- Recognize the potential of each case: be it for success or spectacular failure.
- Explore common insurance coverage sources and find out how the courts interpret specific policy language.
- Know what to look for in medical records and where to find it.
- Take all factors into account when determining damages and find out how to support your calculations.
- Expand your discovery tactics with tips from seasoned litigators.
- Understand how Medicare set-asides and medical liens affect the size of the settlement, and incorporate them into your negotiations.
- Gain practical tips for effective communication with the claims representative and maximize your chances for successful settlement.
- Explore the ethical implications of the tripartite relationship and guard your impeccable reputation.
- Recognize the conditions that trigger a bad faith claim and get simple tips for settling it quickly and efficiently.
Abbreviated Agenda
- Case Intake, Pre-Suit Investigation
- Insurance Coverage Research and Negotiations With the Claims Representatives
- Initial Filing and Discovery, Experts, and Evidence
- Damages, Liens, and Subrogation in Settlement Negotiations
- Bad Faith
- Ethics
- Arbitration and Litigation: Preparation Tips and Hearing Strategies
Credit Details
Credits Available
| Credit | Status | Total | Until |
|---|---|---|---|
| Mississippi CLE |
|
6 Total | 07-31-2026 |
| Tennessee CLE |
|
6 Total | 07-15-2027 |
Select Jurisdiction
CLE
Agenda
-
Case Intake, Pre-Suit Investigation
- Case Screening
- Initial Client Interview/Questionnaire
- What You Can Find Out before the Claim
- Funding Auto Litigation
-
Insurance Coverage Research and Negotiations With the Claims Representatives
- Auto Insurance Policies: Interpretation, Issues, and Hidden Treasures
- Auto Liability Coverage
- UM/UIM
- PIP/ Med Pay
- Multiple Policyholders
- Stacking of Coverage
- Available Limits
- Demand Packages
- Negotiating With the Adjuster
- Auto Insurance Policies: Interpretation, Issues, and Hidden Treasures
-
Initial Filing and Discovery, Experts, and Evidence
- Filing Procedure and Case Scheduling
- Anatomy of Common Injuries
- Witness Depositions
- Obtaining Medical Records
- Selecting and Working With Experts
- Evidence Preservation
-
Damages, Liens, and Subrogation in Settlement Negotiations
- Assessing and Allocating Damages
- Vehicle Damage and Diminished Value
- Paid vs. Billed Medical Services
- Future Medical Bills
- Loss of Earning Capacity
- Pain and Suffering
- Medical Provider Liens
- ERISA Subrogation Liens
- Mandatory Insurer Reporting, Medicare Recovery Act, and Medicare Set-Asides
- Tips for Successful Mediation
- Addressing Pending Liens in Settlement Negotiations
- Subrogation
- Practical Tips for Restarting Stalled Negotiations
- Structuring Settlements
- Assessing and Allocating Damages
-
Bad Faith
- Definition of Bad Faith
- When Can a Bad Faith Claim be Brought?
- First Party Bad Faith vs. Third-Party Direct Actions
- Types of Bad Faith Claims in Auto Insurance Context
- Settlement Considerations
-
Ethics
- Preventing Conflicts of Interest
- Setting and Collecting Attorney Fees
- Maintaining Client Confidentiality
- Work-Product Doctrine as it Applies to Expert Witness Reports in Progress
- Insurance Defense Counsel Relationship with the Insured and Insurer
- Communicating with Represented Parties
- "CC," "Reply All," and Other E-mail Traps of Inadvertent Communication
- Plaintiff Attorneys' Communication With Represented Insurance Adjusters
- Investigators' Contact With the Opposing Party
-
Arbitration and Litigation: Preparation Tips and Hearing Strategies
- Arbitration Procedure and Tactics
- Evidence Strategies
- Preparing Witnesses for Testimony
- Jury Selection Tips
- Case Presentation Tactics
- Preserving Issues for Appeal
Who Should Attend
This basic-to-intermediate level online seminar offers a detailed overview of auto litigation that will benefit:
- Attorneys
- In-House Counsel
- Claims Representatives
- Paralegals
Speakers
Speaker bio
J. Wesley Hisaw
is a shareholder with Holland & Hisaw, where his practice areas include domestic law, personal injury, product liability, corporate law, civil rights lawsuits, estate law, and employment law. He was named one of the Top 40 Under 40 litigation lawyers for the state of Mississippi by the American Society of Legal Advocates and the National Trial Lawyer's Association. Mr. Hisaw was also named a Top Ten Attorney for the state of Mississippi in the area of personal injury by the National Association of Personal Injury Attorneys, and listed as a Premier 100 Attorney by the American Academy of Trial Attorneys. He is licensed to practice in Mississippi and Tennessee, and before the U.S. Court of Appeals for the Fifth and Sixth circuits, Northern and Southern districts of Mississippi, and the Western District of Tennessee. Mr. Hisaw is also listed as a Rising Star with Super Lawyers. He earned his undergraduate degree and his J.D. degree from the University of Mississippi.
Speaker bio
Quinton E. Thompson
is an attorney devoted to representing the underdog and providing a voice to the voiceless. He is currently a personal injury litigation associate at Morgan & Morgan's Memphis office, where he primarily deals with automobile collisions, slip and falls, and wrongful deaths cases. Mr. Thompson earned his B.S. degree from the University of Tennessee Knoxville, where he graduated magna cum laude with degrees in both business administration management and psychology. He went on to earn his J.D. degree from Vanderbilt University Law School in 2015. During law school, Mr. Thompson was involved with several student organizations. He was the president of the Black Law Student’s Association, one of the executive associate justices of the Moot Court Board, and the street law director for the Legal Aid Society. Vanderbilt Law School named Mr. Thompson the recipient of the Damali K. Booker Award, which is given each year to the third-year law student who has a keen dedication to legal activism and a demonstrated commitment to confronting social issues facing both Vanderbilt Law School and the greater Nashville community. He is admitted to practice in Tennessee and Mississippi.
Speaker bio
Michael D. Simmons
is an attorney in the Jackson law firm of Cosmich, Simmons & Brown, PLLC, where he practices in the areas of mass torts, commercial litigation, tort litigation, insurance litigation, employment law and appeals. While in law school, he was on the editorial board of Mississippi College Law Review, and was a member of two national moot court competition teams. Mr. Simmons is a member of The Mississippi Bar, Defense Research Institute, International Association of Defense Counsel, and Government Investigations and Civil Litigation Institute. He also is a contributing writer to the Encyclopedia of Mississippi Law (West Group) and a frequent seminar speaker. Mr. Simmons earned his B.A. degree from the University of Georgia and his J.D. degree, with special distinction, from Mississippi College School of Law.
Speaker bio
Hon. Toni Walker Terrett
is a Circuit Court Judge in the Ninth Judicial District Circuit Court in Mississippi.
Speaker bio
Robert J. Kasieta
is the founder of Kasieta Legal Group, LLC in Madison, Wisconsin. He is a certified civil pre-trial and trial specialist by the National Board of Trial Advocates. Mr. Kasieta practices in civil litigation, with an emphasis on plaintiff personal injury and employment cases, as well as commercial litigation. He has written and taught extensively in the areas of trial practice, personal injury law and insurance law, and is an instructor of trial practice at the University of Wisconsin Law School. Mr. Kasieta is admitted to practice before the U.S. Supreme Court, as well as the U.S. Court of Appeals for the Seventh and Eleventh circuits, and all Wisconsin courts. He is a member of the Dane County Bar Association, State Bar of Wisconsin and the American Association for Justice. Mr. Kasieta earned his B.S. degree, summa cum laude, from Northern Michigan University and his J.D. degree from Marquette University Law School.
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