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Overview
Step-by-Step Guide to Smarter Personal Injury Settlements
In personal injury cases, outcomes can fall short of expectations - not because the law or the facts demand it, but because of fear, bad guesswork, or missed strategic opportunities. This course equips you with the knowledge and techniques to drive settlement in the direction you need. By integrating both plaintiff and defense perspectives, you will learn how to value claims accurately, negotiate effectively, and make strategic decisions that protect client interests while managing risk. Register today!
- Learn how to value claims fairly and accurately.
- Avoid anxiety-driven settlements and common pitfalls that shortchange clients.
- Discover which negotiation strategies yield the best results in real-world practice.
- Find creative ways to get more out of every mediation.
- Know what settlement clauses you need to watch out for.
- Advance your clients' interests while maintaining professional integrity with opposing counsel.
This program was designed in conjunction with NBI's esteemed 2023-2026 Content Advisory Committee Member Robert J. Kasieta.
Abbreviated Agenda
- Claim Valuation and the Economics of Settlements
- Settlement Agreements and Releases: What You Need to Look For
- Negotiation Styles and Strategies: What Works Best (The Answers May Surprise You)
- Negotiating With Adjusters vs. Defense Counsel: Limits, Advantages, and Strategies
- Settling Smart: Weighing (and Shifting) Cost, Risk, and Reward
- Winning at Mediation: Submissions and Strategies That Influence Outcomes
- Legal Ethics of Negotiations
Credit Details
Credits Available
| Credit | Status | Total | Until |
|---|---|---|---|
| Alaska CLE |
|
6 Total | 03-26-2028 |
| Alabama CLE |
|
6 Total | 12-31-2026 |
| Arkansas CLE |
|
6 Total | 06-30-2026 |
| Arizona CLE |
|
6 Total | 03-26-2028 |
| California CLE |
|
6 Total | 03-26-2028 |
| Colorado CLE |
|
7 Total | 12-31-2028 |
| Connecticut CLE |
|
6 Total | 03-26-2028 |
| Delaware CLE |
|
6 Total | 03-26-2028 |
| Florida CLE |
|
7 Total | 09-30-2027 |
| Georgia CLE |
|
6 Total | 12-31-2027 |
| Hawaii CLE |
|
6 Total | 03-26-2028 |
| Iowa CLE |
|
6 Total | 03-26-2027 |
| Illinois CLE |
|
6 Total | 03-24-2028 |
| Indiana CLE |
|
6 Total | 03-26-2027 |
| Kansas CLE |
|
7 Total | 03-25-2027 |
| Kentucky CLE |
|
6 Total | 06-30-2026 |
| Maine CLE |
|
6 Total | 03-24-2028 |
| Minnesota CLE |
|
6 Total | 03-26-2028 |
| Missouri CLE |
|
6 Total | 03-26-2028 |
| Northern Mariana Islands CLE |
|
6 Total | 03-26-2028 |
| Mississippi CLE |
|
6 Total | 07-31-2026 |
| Montana CLE |
|
6 Total | 03-26-2029 |
| North Carolina CLE |
|
6 Total | 02-28-2027 |
| North Dakota CLE |
|
6 Total | 03-26-2029 |
| Nebraska CLE |
|
6 Total | 03-26-2028 |
| New Hampshire CLE |
|
6 Total | 03-26-2029 |
| New Jersey CLE |
|
7.2 Total | 12-04-2026 |
| New Mexico CLE |
|
6 Total | 03-26-2028 |
| Nevada CLE |
|
6 Total | 03-26-2029 |
| New York CLE |
|
7 Total | 03-26-2029 |
| Ohio CLE |
|
6 Total | 12-31-2026 |
| Oklahoma CLE |
|
7 Total | 03-26-2028 |
| Oregon CLE |
|
6 Total | 03-26-2029 |
| Pennsylvania CLE |
|
6 Total | 03-26-2028 |
| Rhode Island CLE |
|
6 Total | 06-30-2026 |
| South Carolina CLE |
|
6 Total | 12-31-2026 |
| Tennessee CLE |
|
6 Total | 03-05-2028 |
| Texas CLE |
|
6 Total | 02-28-2027 |
| Utah CLE |
|
6 Total | 12-31-2026 |
| Virginia CLE |
|
6 Total | 10-31-2026 |
| Vermont CLE |
|
6 Total | 03-26-2028 |
| Washington CLE |
|
6 Total | 03-25-2031 |
| Wisconsin CLE |
|
7 Total | 12-31-2027 |
| West Virginia CLE |
|
7.2 Total | 03-26-2028 |
| Wyoming CLE |
|
6 Total | 12-04-2026 |
Select Jurisdiction
CLE
Agenda
-
Claim Valuation and the Economics of Settlements
- Lost Wages, Medical Expenses, and Future Care Costs
- Pain and Suffering
- Punitive Damages
- How the Insurer Will Value the Claim - Insurance Reserves
- Insurance Policy Limits and Defendant's Assets
- Taking Subrogation and Liens Into Account
- Attorney Fees and Costs of Litigation and Trial vs. Settlement
- Tax Implications of Settlements
-
Settlement Agreements and Releases: What You Need to Look For
- Clauses to Scrutinize - Non-Disparagement, Confidentiality, Indemnification, Medicare Involvement
- Structured Settlement Provisions: When and How to Use Them
-
Negotiation Styles and Strategies: What Works Best (The Answers May Surprise You)
-
Negotiating With Adjusters vs. Defense Counsel: Limits, Advantages, and Strategies
- What They Really Think About Your Demand Letters
- The Inside Scoop on Reserves
- Knowledge, Incentives, and Authority Levels
- Tailoring Your Strategy When Dealing With Claims Adjusters vs. Defense Attorneys
-
Settling Smart: Weighing (and Shifting) Cost, Risk, and Reward
- Why Settle?
- Fear of Trial - Are You Letting Anxiety Shortchange Your Clients (and Yourself)?
- Case Weaknesses
- Client Orders - the Essence of "Client Control"
- Opponent Has Shifted the Risk
- Key Negotiation Points to Know
- Shifting the Risk Results
- Fear Drives Settlements
- Courtesy Won't Cost You
- Should You Set a Red Line?
- Bad Faith Claim Potential
- Why Settle?
-
Winning at Mediation: Submissions and Strategies That Influence Outcomes
- To Mediate or Not to Mediate - That is the Question
- Effective Mediation Submissions: Getting the Mediator on Your Side
- Clear Facts, With Illustrations, and An Executive Summary
- Citing the Most Important Law
- Brevity
- Anticipating the Opposition: If They Can't Fix it, Hit Them With it - If they Can, Don't Discuss it
- At the Mediation: Outside-the-Box Techniques
- Talking With Opposing Counsel Directly
- Asking Questions of the Mediator
- Learn From the Client's Words and Behavior
- Always Get to "No" As the Last Answer
-
Legal Ethics of Negotiations
- Client Financial Counseling and Managing Expectations
- Talking With the Client About Settlement
- Being Honest About Which Way to Push - Settle or Try
- Saying "I Don't Know" Is Ok, and Honest
- Covering "How Would You Feel if We Lose?"
- Zealous Advocacy vs. Civility in Negotiations
- It's Still a Lie Even if You Are Negotiating - and You Don't Have to Do it
- Handling Client Funds - Rules Regarding Disbursement From Trust
Who Should Attend
This program is designed for attorneys. Insurance professionals may also benefit.
Speakers
Speaker bio
James W. Balmer
is a founding partner of Falsani, Balmer, Peterson & Balmer, where he has represented thousands of people in all kinds of litigation, including jury trials, workers' compensation trials and hearings, Social Security disability hearings, and appeals in those areas. He has handled wrongful death, car crash, slip-and-fall, worksite injuries, defective product claims, dog attack, liquor liability claims and other kinds of bodily injury matters; as well as insurance coverage disputes, defamation claims, probate and trust disputes. Mr. Balmer is admitted to practice before all Minnesota and Wisconsin courts, both state and federal, and has tried cases throughout both states. He has argued cases before the Seventh U.S. Circuit Court of Appeals in Chicago and the Eighth U.S. Circuit Court of Appeals based in St. Louis. Mr. Balmer has been selected as a Minnesota Super Lawyer annually beginning in 1998. He has been certified as a civil trial specialist by the National Board of Trial Advocacy and by the Minnesota State Bar Association. Mr. Balmer is a Diplomate of the American Board of Trial Advocacy. He earned both his B.A. and J.D. degrees from the University of Minnesota.
Speaker bio
Larry A. Peters
is the president of Forensic Handwriting which he been practicing since 1999. He has worked as an insurance adjuster and private investigator in Virginia and West Virginia since 1968. Mr. Peters is a member of the Washington (past president), Virginia and Mid Valley Claims Association. He is a graduate of the USAFE Criminology and Sociology at the University of Maryland.
Speaker bio
Randall K. Edwards
is with the law firm of Randall K. Edwards PLLC. He has a wealth of experience both as a trial lawyer and as a counselor and planner. After years of working in both the public sector and in private practice in Nevada and Utah, Mr. Edwards opened his firm that truly defines the title "Attorney and Counselor At Law." He practices in the areas of business trial and transactional practice, international law, immigration law, asset protection and estate planning. Mr. Edwards is licensed to practice law in Utah, California, Nevada and Arizona. He earned his B.A. degree from Brigham Young University and J.D. degree from the University of Utah.
Speaker bio
Jennifer J. El-Kadi
is a litigation attorney and founder of JEK Law, where she advocates for survivors of sex abuse and human trafficking, as well as individuals injured in motor vehicle accidents. Her practice is rooted in the belief that those who have been silenced or harmed deserve fierce, trauma-informed legal representation-and she brings both compassion and precision to every case she handles. Ms. El-Kadi has built her career fighting for plaintiffs who cannot fight for themselves. She previously served as Partner and Chief Operating Officer at Babin Law, where she led the firm's Human Trafficking Department and helped file the first civil TVPRA lawsuit in the country. Under her leadership, the docket expanded from 100 to more than 2,100 active cases. She helped coordinate national litigation strategy across jurisdictions after the denial of MDL centralization, spearheading complex multi-defendant actions against corporate enablers and contributing to early case law development under the TVPRA and CAVRA. In addition to her leadership in sex abuse litigation, Ms. El-Kadi provides high-quality co-counsel support to firms nationwide-stepping in on an overflow or project basis to draft complaints, discovery, and motions, and guide litigation strategy in high-stakes cases. Her background spans personal injury, mass torts, and trauma-informed justice alternatives. As COO at Babin Law, she scaled national dockets involving Uber, Lyft, NEC, Hernia Mesh, CPAP, Hair Relaxer, and Valsartan, optimizing intake workflows and CRM systems. She also clerked under Judge Zottola in Pennsylvania's Veterans Court, where she supported diversion programs for justice-involved veterans facing service-related trauma.
Speaker bio
Escum L. Moore, III
is a partner with Moore & Moore, PLLC, where his plaintiff's practice is focused on medical negligence and personal injury. He is a member of the Kentucky, Fayette County and American bar associations; Kentucky Justice Association; and American Justice Association. Mr. Moore is admitted to practice in Kentucky; and before the U.S. District Court, Eastern and Western districts of Kentucky; and U.S. Court of Appeals Sixth Circuit. He earned his B.A. degree from Centre College of Kentucky and his J.D. degree from the University of Kentucky. Mr. Moore is a director of Lawyer's Mutual Insurance Company of Kentucky and chairman of the Marketing Committee.
Speaker bio
Derek R. Layser, Esq.
is a shareholder and chairman of the Medical Malpractice Department at Friedman Schuman Layser, where he has an active trial practice in the areas of medical malpractice, product liability and catastrophic loss litigation throughout Pennsylvania and New Jersey. He is a frequent speaker on a variety of issues, including trial practice techniques and civil practice matters. Mr. Layser is an active member of the American, Pennsylvania, New Jersey State and Philadelphia bar associations, as well as The American Association for Justice, New Jersey Association for Justice, Pennsylvania Association for Justice and Philadelphia Trial Lawyers Association. He earned his J.D. degree, cum laude, from the Delaware Law School of Widener University.
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