Best Seller

Litigation & Appeals

Happening Soon

Live Online

The Damages Mistakes They Want You to Make

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
Illinois CLE Approved 6 Total
Indiana CLE Approved 6 Total
Kansas CLE Approved 7 Total
Kentucky CLE Approved 6 Total
Maine CLE Approved 6 Total
Minnesota CLE Approved 6 Total
Missouri CLE Approved 7.2 Total
Northern Mariana Islands CLE Approved 6 Total
Mississippi 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
Pennsylvania CLE Approved 6 Total
Rhode Island CLE Approved 7 Total
South Carolina CLE Approved 6 Total
Tennessee CLE Approved 6 Total
Texas CLE Approved 6 Total
Utah CLE Approved 6 Total
Virginia 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
Live Online
6 hours
Tony Graffeo
Etan Hirsch
Jaclyn Laferriere
Miranda Hanley
Michael Burg
With Tony Graffeo from Alexander Shunnarah Injury Lawyers, PC + 4 others

Wed, Jun 10, 00:00 AM – 00:00 PM

Product ID 102032

Register For Course

Course Includes
$429

Live Webinar Registration

OnDemand Recording

Course Book Download

OnDemand content will be available within 7 days of event date.

or
Upgrade to Unlimited CLE and Get This Course
$129/Month
All Inclusive CLE subscribers save an average of $3,000/year on CLE costs.

Overview

Top Ways Plaintiff's Lawyers Unintentionally Undermine Damages

Damages can be distorted in demand letters, weakened by pleading and discovery choices, and quietly dismantled in negotiations and trial - often without plaintiff's lawyers realizing it until it's too late. Are you leaving money on the table with strategic missteps and missed opportunities? This program examines where damages actually break down across the life of a case - from initial valuation through settlement and trial. It focuses on the real-world mistakes lawyers make when valuing damages, framing demands, developing proof, and presenting damages to the decision-makers who ultimately control case value. Avoid costly blind spots and maximize recoverable damages from the start of the case through resolution - register today!

  • Identify early valuation and demand letter missteps that will cost you.
  • Avoid choices that erode economic and non-economic damages.
  • Anticipate discovery and evidentiary mistakes that quietly gut damages.
  • Use damages uncertainty and risk strategically in negotiation and mediation.
  • Present damages at trial in a way jurors can understand, accept, and defend in the deliberation room.
  • Navigate ethical pressure points in damages valuation and settlement.

Abbreviated Agenda

  1. Early Valuation, Demand Letter, and Case Strategy Errors
  2. Top Mistakes in Calculating Damages: Economic vs. Pain and Suffering
  3. Failing to Tailor Your Strategy: How Adjusters, Mediators, Jurors, and Others Perceive Damages
  4. AI and Damages: Valuation Modeling, Demand Drafting, and Other Uses
  5. Discovery and Evidence: Building - or Breaking - the Damages Case
  6. Negotiation and Mediation Errors That Will Cost You
  7. 9 Trial Strategies That Fall Flat or Even Backfire
  8. Ethics of Settlement and Damages: Candor, Conflicts, and Client Pressure

Can't Attend Live?

Pre-Order the OnDemand

We will notify you when the ondemand recording is available.

Related Topics

Product ID 102032

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
Illinois CLE Approved 6 Total
Indiana CLE Approved 6 Total
Kansas CLE Approved 7 Total
Kentucky CLE Approved 6 Total
Maine CLE Approved 6 Total
Minnesota CLE Approved 6 Total
Missouri CLE Approved 7.2 Total
Northern Mariana Islands CLE Approved 6 Total
Mississippi 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
Pennsylvania CLE Approved 6 Total
Rhode Island CLE Approved 7 Total
South Carolina CLE Approved 6 Total
Tennessee CLE Approved 6 Total
Texas CLE Approved 6 Total
Utah CLE Approved 6 Total
Virginia 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
Select Jurisdiction
CLE

Agenda

All times are shown in

  1. Early Valuation, Demand Letter, and Case Strategy Errors

    1. Failing to Build a Damages Theory at Intake
    2. Missing Offsets and Liens Until It's Too Late
    3. Ignoring Venue, Jury Pool, and Local Verdict Trends
    4. Under-Valuation or Overreach
    5. Treating Policy Limits as a Valuation Substitute
    6. Damages Demands and Anchoring: Setting the Ceiling Without Breaking Credibility
    7. Pleading Choices That Cost You Later

  2. Top Mistakes in Calculating Damages: Economic vs. Pain and Suffering

  3. Failing to Tailor Your Strategy: How Adjusters, Mediators, Jurors, and Others Perceive Damages

    1. Insurance Adjusters/Claims Professionals: What Drives Early Valuation and Reserves - and What Mistakes Stall Claims
    2. Defense Counsel's Attacks on Damages: Internally vs. Publicly
    3. Mediators: Damages Narratives That Unlock Movement
    4. Arbitrators: How They Perceive Damages
    5. How Judges Quietly Shape Case Value: Pleadings, Motion Practice, and Evidence
    6. Juries - Asking for Money in a Way They Accept

  4. AI and Damages: Valuation Modeling, Demand Drafting, and Other Uses

  5. Discovery and Evidence: Building - or Breaking - the Damages Case

    1. Preservation and Spoliation Failures Tied to Damages Proof
    2. Failing to Treat Damages as a Discovery Driver
    3. Letting Documents Substitute for Client Testimony and Damages Witnesses
    4. Experts That Harden Weak Damages Assumptions
    5. Damages Claims Undermined by Client Behavior and Records
    6. Admissibility Failures That Gut Damages Proof

  6. Negotiation and Mediation Errors That Will Cost You

    1. Failing to Explain Damages in Terms the Defense Actually Uses
    2. Damages Uncertainty as Leverage - Used Correctly and Incorrectly
    3. Using Worst-Case Verdicts Instead of Realistic Exposure
    4. Mishandling Non-Economic Damages in Negotiation
    5. Walking Away Too Early - or Staying Too Long
    6. Mediation Statements: Making Damages Defensible to Neutrals
    7. Treating Mediation as a Presentation Instead of a Risk Discussion

  7. 9 Trial Strategies That Fall Flat or Even Backfire

  8. Ethics of Settlement and Damages: Candor, Conflicts, and Client Pressure

    1. Managing Client Expectations
    2. Conflicts of Interest
    3. Candor and Truthfulness in Damages Representations
    4. Managing Client Pressure to Overstate or Conceal Damages Issues
    5. Ethical Handling of Liens

Who Should Attend

This program is designed for attorneys. Paralegals may also benefit.

Speakers

Tony Graffeo
Tony
Graffeo
Alexander Shunnarah Injury Lawyers, PC
Etan Hirsch
Etan
Hirsch
Hirsch Andrade LLP
Jaclyn S Laferriere
Jaclyn S.
Laferriere
Hall and Evans
Miranda N Hanley
Miranda N.
Hanley
Smith Welch Webb & White LLC
Michael S Burg
Michael S.
Burg
Burg Simpson Eldredge Hersh & Jardine, P.C.
Speaker bio
Tony Graffeo

Tony Graffeo

Alexander Shunnarah Injury Lawyers, PC
Tony Graffeo

is the managing attorney at the Huntsville offices of Alexander Shunnarah Injury Attorneys, PC, where he concentrates on litigation of motor vehicle collision cases and other personal injury matters. He also has extensive experience litigating cases involving defective products, medical negligence, and premises liability. Mr. Graffeo is a member of the Alabama and Tennessee state bars, Huntsville-Madison County Bar Association, American Association for Justice, and Alabama Association for Justice. He earned his B.A. degree, cum laude, from the University of Notre Dame and his J.D. degree from the University of Alabama School of Law.

View full profile
Speaker bio
Etan Hirsch

Etan Hirsch

Hirsch Andrade LLP
Etan Hirsch

is an attorney with the law firm of Hirsch Andrade LLP in Bridgeport, where his practice is focused on personal injury, automobile negligence, and premises liability cases. During law school, he interned at the Office of the Attorney General of the State of New York, and the Connecticut State's Attorney's Office. In addition, Mr. Hirsch served as a judicial intern in the chambers of Magistrate Judge Joyce London Alexander of the United States District Court for the District of Massachusetts. He earned his B.A. degree from George Washington University and his J.D. degree from Suffolk University Law School. Mr. Hirsch is admitted to practice in Connecticut, and is a member of the Connecticut Trial Lawyers Association, American Bar Association, Greater Bridgeport Bar Association and the American Association for Justice.

View full profile
Speaker bio
Jaclyn S Laferriere

Jaclyn S. Laferriere

Hall and Evans
Jaclyn Laferriere

is an attorney at Hall and Evans. She is a litigation attorney with a practice that focuses on transportation defense and general insurance defense. Ms. Laferriere represents national railroads facing Federal Employers' Liability Act and Federal Railroad Safety Act claims, grade crossing accidents, OSHA investigations, toxic torts, and whistleblower complaints. She is also experienced with matters involving medical malpractice, wrongful death, bad faith, and premises liability. Ms. Laferriere earned her B.A. degree from Montana State University and her J.D. degree, cum laude, from Vermont Law School. She is admitted to practice in Montana, North Dakota, and Colorado.

View full profile
Speaker bio
Miranda N Hanley

Miranda N. Hanley

Smith Welch Webb & White LLC
Miranda Hanley

is a partner with Smith Welch Webb & White LLC. She has a litigation practice specializing in the areas of personal injury, workers' compensation and complex civil litigation. Ms. Hanley has extensive trial and jury trial experience, and regularly litigates in both state and federal courts. She has also worked on numerous appeals in the Georgia Court of Appeals, Supreme Court of Georgia, Eleventh Circuit Court of Appeals and the United States Supreme Court. Ms. Hanley earned her B.A. degree from Kennesaw State University and her J.D. degree from Faulkner University, Jones School of Law.

View full profile
Speaker bio
Michael S Burg

Michael S. Burg

Burg Simpson Eldredge Hersh & Jardine, P.C.
Michael Burg

is the founding shareholder of the Denver law firm of Burg Simpson Eldredge Hersh & Jardine, P.C., where his practice emphasizes large complex litigation, commercial cases, professional malpractice, catastrophic injuries and mass tort litigation. He was a recipient of the American Jurisprudence Award in conflict of laws. Mr. Burg earned his B.A. and J.D. degrees from the University of Denver. He has served as an adjunct professor of law at the University of Denver College of Law. Mr. Burg achieved the rank of advocate by the American Board of Trial Advocates, and has served as a participating faculty member of the ABOTA Masters in Trial program in Denver, Nashville, Des Moines and Kansas City. He also is a member of the Arapahoe Bar Association and The Association of Trial Lawyers of America (member, President's Club). Mr. Burg serves as a member of the Alumni Council for the University of Denver College of Law. 

View full profile
Loading recommendations...

TOP FAQs

How do I access my courses?
Courses are available within your account. Simply login to your account and click on My Courses. If you require additional assistance please call our Customer Service Department at 800-930-6182.
Do you have options for attendees who are deaf or hard of hearing?
Closed captioning is available for all Live Webinars. After you've joined the event room, you can enable closed captioning by clicking the "cc" button in the lower right of the player.
What happens if my course is cancelled?
In the unlikely event that NBI cancels or reschedules an upcoming program, each registered attendee will be contacted via email by a representative of NBI. Outreach to attendees begins as soon as NBI is made aware that a program will not move forward at its originally scheduled date and time.
Are multiple attendee discounts available?
Yes, the more people you bring from your organization, the more you save. After the first registration, each additional attendee receives a special discount off of their total tuition.
When will the OnDemand be available and how long will I have access to the content?
The OnDemand Video will be available to stream within 7 days of live broadcast date. You will have access to the content for 6 months in your account. If you’re a subscriber, you’ll have access to your course recordings until 7 days after the expiration date of the subscription.
What is included with my course purchase?
When you enroll prior to the live event date you will receive access to the live-streaming webinar which will allow you to interact with faculty in real-time. With each course, you will receive access to the content via OnDemand Streaming and the Video Download. Course reference materials are included with each course purchase in a downloadable PDF format.
Will I receive a certificate of completion?
Yes, we'll email you a certificate of completion and store in your account for any future reporting needs.
Can multiple people watch courses and request credit?
While only paid registrants can receive continuing education credit for attending, there are no limitations to the number of viewers at each connection.

Have more questions? Please Contact Us