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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
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Credit Details
Credits Available
| Credit | Status | Total |
|---|---|---|
| Arizona CLE |
|
6 Total |
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
Paul D. Friedman
is a member, head of litigation and general counsel with Brown, Crowell & Friedman, PLLC d/b/a Accident Law Group™. He practices in the areas of medical malpractice, significant personal injury and ethics matters. Dr. Friedman is admitted to practice in Arizona, Ninth Circuit Court of Appeals and the U.S. Supreme Court. He is board-certified by the National Board of Legal Specialty Certification in civil pretrial practice advocacy and civil trial advocacy (NBOTA). Dr. Friedman has been certified in injury and wrongful death litigation by the State Bar of Arizona since 1997. He is an associate with the American Board of Trial Advocates (ABOTA). Dr. Friedman is also a medical malpractice diplomate with the American Board of Professional Liability Attorneys. He is a diplomate of the American Board of Forensic Examiners®, where he developed the curriculum for the Certified Forensic Consulting® Certification Course and authored the "Certified Forensic Consultant Body of Knowledge" by CRC Press. Dr. Friedman earned his bachelor's degree from the University of Arizona, his J.D. degree from California Western School of Law, his master's degree in bioethics from Midwestern University/Arizona College of Osteopathic Medicine and his doctorate from LaCrosse University. He was an adjunct professor of medical and research ethics at Midwestern University and the Arizona College of Osteopathic Medicine, where he instructed health care providers and students in the medical field. Dr. Friedman is currently an adjunct professor with the Sandra Day O'Connor School of Law at Arizona State University.
Speaker bio
Joseph Brown
is the founding partner of Accident Law Group. Mr. Brown focuses his practice on personal injury, utilizing his prior experience as an insurance claims adjuster to excel in representing his clients. After law school, he took an associate attorney position with a large personal injury firm, where he was eventually promoted to managing attorney. Mr. Brown is admitted to practice law in the states of Colorado, Arizona, and New Mexico. He received his bachelor's degree from Arizona State University and his Juris Doctor from the Catholic University of America School of Law.
Speaker bio
Donald M. Burns
is the founder of Dos Perros Consulting, LLC, where he provides specialized consulting services to help clients maximize their settlements in personal injury cases, with a focus on loss of use, diminished value, and select injury claims. With over 30 years of experience in the personal injury field, he takes a personalized and consultative approach, working closely with clients to understand and effectively present their losses. Mr. Burns is a licensed legal paraprofessional (LP) and an associate member of the State Bar of Arizona, where he maintains a trust account similar to that of a law firm. He is admitted to practice as a licensed legal paraprofessional in the State of Arizona. Mr. Burns earned his law degree from Phoenix School of Law.
Speaker bio
David W. Penoyer
is the owner and manager of Penoyer Law Office, LLC in Lake Oswego. He has been an attorney for 17 years and his practice primarily centers around civil litigation, including personal injury, wrongful death, UIM/UM, and property loss matters. Mr. Penoyer is admitted to practice in Oregon and California and is a member of the American Association for Justice, the Oregon Trial Lawyers Association, and the Multnomah and Clackamas County bar associations.
Speaker bio
Stephen T. Kopko
, Esq. is an attorney of the Anzalone & Doyle in Wilkes-Barre, Pennsylvania where he focuses on plaintiff's personal injury, including injuries resulting from motor-vehicle accidents, slip/trip and fall events, medical malpractice, and nursing home negligence. He is a member of the Pennsylvania Bar Association, Pennsylvania Association of Justice, Northeastern Pennsylvania Trial Lawyers Association, Lackawanna County Bar Association, and Wilkes-Barre Law and Library Association. Mr. Kopko is a 2008 magna cum laude graduate of King's College with a degree in political science, where he received the John F. Kennedy award for having the highest GPA in political science. He then received his J.D. degree from the Syracuse University College of Law. After graduating from law school, Mr. Kopko worked as a volunteer public defender in Lackawanna County and then at a local law firm. Mr. Kopko has represented insurance companies at each stage of litigation, including at trial and at the Pennsylvania Superior Court. In 2023, he decided to change his career path and use his skills and knowledge to benefit victims in personal injury matters.In 2019, he was named to the Top 20 under 40 by the Northeast Business Journal. This honor recognized Mr. Kopko as one of the top professionals in all of Northeastern Pennsylvania. He was one of only two attorneys honored that year. In addition to being a litigator, Mr. Kopko has also published articles analyzing civil litigation issues. These articles have appeared in the Pennsylvania Law Weekly and the Pennsylvania Lawyer magazine. He resides in Clarks Summit, Pennsylvania with wife, Julia and two daughters, Imogene and Ruby. Mr. Kopko is active in his community serving as a co-chairperson of the Our Lady of the Snows Country Bazaar. He is also a lector for Our Lady of the Snows. Mr. Kopko also volunteers his time as a pro-bono solicitor for the Abington Area Joint Recreation Board.
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