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Personal Injury & Negligence

4.65

Proving Exacerbation of Pre-Existing Injuries and Conditions: Doctor and Attorney Perspectives

Credits Available
Credit Status Total
Alaska CLE Reciprocity 4 Total
Alabama CLE Approved 4 Total
Arkansas CLE Approved 4 Total
Arizona CLE Approved 4 Total
California CLE Approved 4 Total
Colorado CLE Approved 5 Total
Connecticut CLE Approved 4 Total
Delaware CLE Approved 4 Total
Florida CLE Approved 5 Total
Georgia CLE Approved 4 Total
Hawaii CLE Approved 4 Total
Iowa CLE Upon Request 4 Total
Illinois CLE Approved 4 Total
Indiana CLE Approved 4 Total
Kansas CLE Approved 4.5 Total
Kentucky CLE Approved 4 Total
Maine CLE Approved 4 Total
Minnesota CLE Approved 4 Total
Missouri CLE Approved 4.8 Total
Northern Mariana Islands CLE Approved 4 Total
North Carolina CLE Approved 4 Total
Nebraska CLE Approved 4 Total
New Hampshire CLE Approved 4 Total
New Jersey CLE Approved 4.8 Total
New Mexico CLE Approved 4 Total
Nevada CLE Approved 4 Total
New York CLE Approved 4.5 Total
Ohio CLE Approved 4 Total
Oklahoma CLE Approved 5 Total
Pennsylvania CLE Approved 4 Total
South Carolina CLE Approved 4 Total
Tennessee CLE Approved 4 Total
Texas CLE Approved 4 Total
Utah CLE Approved 4 Total
Virginia CLE Approved 4 Total
Vermont CLE Approved 4 Total
Washington CLE Approved 4 Total
Wisconsin CLE Approved 4.5 Total
West Virginia CLE Approved 4.8 Total
Wyoming CLE Approved 4 Total
OnDemand
3 hours 52 minutes
Michael Melonakos
Robert Welcenbach
Michael Karp
Merrick Wetzler
With Michael A. Melonakos from The Melonakos Law Firm + 3 others
Recorded September 21, 2026.
Product ID 102305

Buy This Course

Course Includes
$389

OnDemand Video

Course Book Download

Overview

Don't Let Pre-Existing Conditions Undermine Your Cases

Pre-existing injuries and conditions exist in most injury cases - and if they are not handled strategically, you may be leaving significant money on the table.
Insurers routinely discount these claims, defense experts blame “natural progression,” and value drops fast. This program shows you how to take control of exacerbation cases from the start - understanding how doctors evaluate aggravation, identifying and managing damaging records, and countering the defense's most effective arguments and medical experts. Learn how to prove what changed and present a clear, credible case from intake through settlement or trial. Register today!

  • Gain insight into how physicians distinguish aggravation from natural progression.
  • Spot and control damaging records early - before they undermine the case.
  • Strengthen demand letters and negotiation strategy in mixed-causation cases.
  • Ask the right deposition and cross-examination questions to secure critical concessions.

Abbreviated Agenda

  1. How Doctors Evaluate Pre-Existing Injuries and Exacerbation
  2. Intake Red Flags and Records That Make or Break Your Case
  3. Defense Playbook for Attacking Exacerbation Claims
  4. Damages and Negotiation Strategy
  5. Deposing and Cross-Examining Medical Experts: Key Questions and Critical Concessions to Lock In
  6. Trial Techniques: Presenting the Aggravation Case to a Jury

Related Topics

Product ID 102305

Credit Details

Credits Available
Credit Status Total
Alaska CLE Reciprocity 4 Total
Alabama CLE Approved 4 Total
Arkansas CLE Approved 4 Total
Arizona CLE Approved 4 Total
California CLE Approved 4 Total
Colorado CLE Approved 5 Total
Connecticut CLE Approved 4 Total
Delaware CLE Approved 4 Total
Florida CLE Approved 5 Total
Georgia CLE Approved 4 Total
Hawaii CLE Approved 4 Total
Iowa CLE Upon Request 4 Total
Illinois CLE Approved 4 Total
Indiana CLE Approved 4 Total
Kansas CLE Approved 4.5 Total
Kentucky CLE Approved 4 Total
Maine CLE Approved 4 Total
Minnesota CLE Approved 4 Total
Missouri CLE Approved 4.8 Total
Northern Mariana Islands CLE Approved 4 Total
North Carolina CLE Approved 4 Total
Nebraska CLE Approved 4 Total
New Hampshire CLE Approved 4 Total
New Jersey CLE Approved 4.8 Total
New Mexico CLE Approved 4 Total
Nevada CLE Approved 4 Total
New York CLE Approved 4.5 Total
Ohio CLE Approved 4 Total
Oklahoma CLE Approved 5 Total
Pennsylvania CLE Approved 4 Total
South Carolina CLE Approved 4 Total
Tennessee CLE Approved 4 Total
Texas CLE Approved 4 Total
Utah CLE Approved 4 Total
Virginia CLE Approved 4 Total
Vermont CLE Approved 4 Total
Washington CLE Approved 4 Total
Wisconsin CLE Approved 4.5 Total
West Virginia CLE Approved 4.8 Total
Wyoming CLE Approved 4 Total

Credit Details by Jurisdiction

OnDemand Video

CLE Credits
Alaska CLE Reciprocity · 4 Total Credits

Earn Until

OnDemand - Alaska CLE - 4: Alaska Bar members may claim credit for attending CLE programs that have been accredited by other mandatory CLE jurisdictions. This program qualifies for 4.0 hours of credit, which includes 4.0 hours of MCLE credit and 0.0 hour of MECLE credit.

Video Download - Alaska CLE - 4: Alaska Bar members may claim credit for attending CLE programs that have been accredited by other mandatory CLE jurisdictions. This program qualifies for 4.0 hours of credit, which includes 4.0 hours of MCLE credit and 0.0 hour of MECLE credit.

Alabama CLE Approved · 4 Total Credits

Earn Until

OnDemand - Alabama CLE - 4: This course or a portion thereof has been approved by the Alabama State Bar Mandatory Continuing Legal Education Commission for a maximum of 4.0 on-demand credit hours, including 0.0 ethics/professionalism credit.

Arkansas CLE Approved · 4 Total Credits

Earn Until

OnDemand - Arkansas CLE - 4: NBI, Inc. is an accredited sponsor in the state of Arkansas. This program qualifies for 4.0 hours of on demand continuing legal education credit, including 0.0 hour of ethics, consistent with the rules and regulations of the Arkansas Supreme Court of Professional Programs.

Video Download - Arkansas CLE - 4: NBI, Inc. is an accredited sponsor in the state of Arkansas. This program qualifies for 4.0 hours of on demand continuing legal education credit, including 0.0 hour of ethics, consistent with the rules and regulations of the Arkansas Supreme Court of Professional Programs.

Arizona CLE Approved · 4 Total Credits

Earn Until

OnDemand - Arizona CLE - 4: The State Bar of Arizona does not approve or accredit CLE activities for the Mandatory Continuing Legal Education requirement. This activity qualifies for 4.0 hours toward your annual CLE requirement for the State of Arizona, including 0.0 hour of professional responsibility.

Video Download - Arizona CLE - 4: The State Bar of Arizona does not approve or accredit CLE activities for the Mandatory Continuing Legal Education requirement. This activity qualifies for 4.0 hours toward your annual CLE requirement for the State of Arizona, including 0.0 hour of professional responsibility.

California CLE Approved · 4 Total Credits

Earn Until

OnDemand - California CLE - 4: This activity has been approved for Minimum Continuing Legal Education credit by the State Bar of California and qualifies for 4.0 hours of participatory credit, of which 0.0 hour will apply to legal ethics credit. NBI, Inc. certifies this activity conforms to the standards for approved education activities prescribed by the rules and regulations of the State Bar of California governing minimum continuing legal education. NBI, Inc. is a State Bar of California approved MCLE provider - #53.

Video Download - California CLE - 4: This activity has been approved for Minimum Continuing Legal Education credit by the State Bar of California and qualifies for 4.0 hours of self-study credit, of which 0.0 hour will apply to legal ethics credit. NBI, Inc. certifies this activity conforms to the standards for approved education activities prescribed by the rules and regulations of the State Bar of California governing minimum continuing legal education. NBI, Inc. is a State Bar of California approved MCLE provider - #53.

Colorado CLE Approved · 5 Total Credits

Earn Until

OnDemand - Colorado CLE - 5: NBI, Inc. is a Certified Provider, as recognized by the Colorado Supreme Court Continuing Legal and Judicial Education Committee. This program qualifies for 5.0 hours of home study general Colorado Continuing Legal Education Credit, including 0.0 professional responsibility credit.

Video Download - Colorado CLE - 5: NBI, Inc. is a Certified Provider, as recognized by the Colorado Supreme Court Continuing Legal and Judicial Education Committee. This program qualifies for 5.0 hours of home study general Colorado Continuing Legal Education Credit, including 0.0 professional responsibility credit.

Connecticut CLE Approved · 4 Total Credits

Earn Until

OnDemand - Connecticut CLE - 4: Neither the Connecticut Judicial Branch nor the Commission on Minimum Continuing Legal Education approve or accredit CLE providers or activities. It is the opinion of NBI, Inc. that this activity qualifies for 4.0 self-study hours toward your annual CLE requirement in Connecticut, including 0.0 self-study hour(s) of ethics/professionalism.

Video Download - Connecticut CLE - 4: Neither the Connecticut Judicial Branch nor the Commission on Minimum Continuing Legal Education approve or accredit CLE providers or activities. It is the opinion of NBI, Inc. that this activity qualifies for 4.0 self-study hours toward your annual CLE requirement in Connecticut, including 0.0 self-study hour(s) of ethics/professionalism.

Delaware CLE Approved · 4 Total Credits

Earn Until

OnDemand - Delaware CLE - 4: NBI, Inc. is an accredited sponsor of the Delaware Commission on Continuing Legal Education and recommends this program for 4.0 hours of eCLE credit, including 0.0 hour of ethics.

Florida CLE Approved · 5 Total Credits

Earn Until

OnDemand - Florida CLE - 5: Approved by The Florida Bar, this program qualifies for 5.0 general hours of CLER self-study credit including 0.0 hour of self-study professional responsibility (may include legal ethics, professionalism, substance abuse or mental illness and wellness programs).

Video Download - Florida CLE - 5: Approved by The Florida Bar, this program qualifies for 5.0 general hours of CLER self-study credit including 0.0 hour of self-study professional responsibility (may include legal ethics, professionalism, substance abuse or mental illness and wellness programs).

Georgia CLE Approved · 4 Total Credits

Earn Until

OnDemand - Georgia CLE - 4: This program is approved by the Commission on Continuing Lawyer Competency of the State Bar of Georgia. This program qualifies for 4.0 hours of distance learning continuing legal education credit with the Georgia Commission on Continuing Lawyer Competency, which includes 0.0 hour of distance learning ethics.

Video Download - Georgia CLE - 4: This program is approved by the Commission on Continuing Lawyer Competency of the State Bar of Georgia. This program qualifies for 4.0 hours of distance learning continuing legal education credit with the Georgia Commission on Continuing Lawyer Competency, which includes 0.0 hour of distance learning ethics.

Hawaii CLE Approved · 4 Total Credits

Earn Until

OnDemand - Hawaii CLE - 4: NBI, Inc. is an Accredited Provider with the Hawaii State Board of Continuing Legal Education. This alternative format activity has been approved for 4.0 hours of credit for the state of Hawaii, which includes 0.0 hour of ethics or professional responsibility education.

Video Download - Hawaii CLE - 4: NBI, Inc. is an Accredited Provider with the Hawaii State Board of Continuing Legal Education. This alternative format activity has been approved for 4.0 hours of credit for the state of Hawaii, which includes 0.0 hour of ethics or professional responsibility education.

Iowa CLE Upon Request · 4 Total Credits

Earn Until

OnDemand - Iowa CLE - 4: Upon course completion and credit request submittal, an application will be submitted to the Bar.

Illinois CLE Approved · 4 Total Credits

Earn Until

OnDemand - Illinois CLE - 4: This program has been approved by the Illinois MCLE Board for 4.0 hours of recorded technology CLE credit, which includes approval for 0.0 hour of legal ethics, civility, professionalism or sexual harassment prevention training CLE credit by the Illinois Supreme Court Commission on Professionalism.

Video Download - Illinois CLE - 4: This program has been approved by the Illinois MCLE Board for 4.0 hours of recorded technology CLE credit, which includes approval for 0.0 hour of legal ethics, civility, professionalism or sexual harassment prevention training CLE credit by the Illinois Supreme Court Commission on Professionalism.

Indiana CLE Approved · 4 Total Credits

Earn Until

OnDemand - Indiana CLE - 4: This course has been approved by the Indiana Supreme Court Office of Admissions & Continuing Education. Participating attorneys are eligible to receive 4.0 hours of distance education, which includes 0.0 hour of ethics.

Kansas CLE Approved · 4.5 Total Credits

Earn Until

OnDemand - Kansas CLE - 4.5: Approved by Kansas CLE for 4.50 hours of prerecorded format continuing legal education credit, which includes 0.0 hour of ethics and professionalism credit.

Video Download - Kansas CLE - 4.5: Approved by Kansas CLE for 4.50 hours of prerecorded format continuing legal education credit, which includes 0.0 hour of ethics and professionalism credit.

Kentucky CLE Approved · 4 Total Credits

Earn Until

OnDemand - Kentucky CLE - 4: This program has been approved as a technological CLE activity by the Kentucky Bar Association Continuing Legal Education Commission and qualifies for 4.0 credits, including 0.0 ethics credits.

Video Download - Kentucky CLE - 4: This program has been approved as a technological CLE activity by the Kentucky Bar Association Continuing Legal Education Commission and qualifies for 4.0 credits, including 0.0 ethics credits.

Maine CLE Approved · 4 Total Credits

Earn Until

OnDemand - Maine CLE - 4: This course has been approved by the State of Maine Board of Overseers of the Bar. Lawyers who complete this course will receive 4.0 hours of self-study CLE credit.

Video Download - Maine CLE - 4: This course has been approved by the State of Maine Board of Overseers of the Bar. Lawyers who complete this course will receive 4.0 hours of self-study CLE credit.

Course Book - Maine CLE - 4: This course has been approved by the State of Maine Board of Overseers of the Bar. Lawyers who complete this course will receive 4.0 hours of self-study CLE credit.

Minnesota CLE Approved · 4 Total Credits

Earn Until

OnDemand - Minnesota CLE - 4: Approved for 4.0 hours of standard on-demand CLE credit, including 0.0 hour of ethics credit by the Minnesota Board of Continuing Legal Education.

Video Download - Minnesota CLE - 4: Approved for 4.0 hours of standard on-demand CLE credit, including 0.0 hour of ethics credit by the Minnesota Board of Continuing Legal Education.

Missouri CLE Approved · 4.8 Total Credits

Earn Until

OnDemand - Missouri CLE - 4.8: NBI, Inc. is an accredited sponsor with Missouri Minimum Continuing Legal Education. This program qualifies for 4.80 self-study CLE credit hours.

Video Download - Missouri CLE - 4.8: NBI, Inc. is an accredited sponsor with Missouri Minimum Continuing Legal Education. This program qualifies for 4.80 self-study CLE credit hours.

Course Book - Missouri CLE - 4.8: NBI, Inc. is an accredited sponsor with Missouri Minimum Continuing Legal Education. This program qualifies for 4.80 self-study CLE credit hours.

Northern Mariana Islands CLE Approved · 4 Total Credits

Earn Until

OnDemand - Northern Mariana Islands CLE - 4: This course has been approved by the Commonwealth of the Northern Mariana Islands. Lawyers who complete this course shall receive 4.0 hours of self-study CLE credit.

Video Download - Northern Mariana Islands CLE - 4: This course has been approved by the Commonwealth of the Northern Mariana Islands. Lawyers who complete this course shall receive 4.0 hours of self-study CLE credit.

Course Book - Northern Mariana Islands CLE - 4: This course has been approved by the Commonwealth of the Northern Mariana Islands. Lawyers who complete this course shall receive 4.0 hours of self-study CLE credit.

North Carolina CLE Approved · 4 Total Credits

Earn Until

OnDemand - North Carolina CLE - 4: NBI, Inc. is an accredited sponsor with the North Carolina State Board of Continuing Legal Education. Attendance of this program qualifies for 4.0 hours of online CLE credit, including 0.0 professional responsibility.

Video Download - North Carolina CLE - 4: NBI, Inc. is an accredited sponsor with the North Carolina State Board of Continuing Legal Education. Attendance of this program qualifies for 4.0 hours of online CLE credit, including 0.0 professional responsibility.

Nebraska CLE Approved · 4 Total Credits

Earn Until

OnDemand - Nebraska CLE - 4: NBI, Inc. is an accredited CLE sponsor in the state of Nebraska. This activity has been approved for 4.0 distance learning CLE credits, including 0.0 hour of professional responsibility credit.

Video Download - Nebraska CLE - 4: NBI, Inc. is an accredited CLE sponsor in the state of Nebraska. This activity has been approved for 4.0 distance learning CLE credits, including 0.0 hour of professional responsibility credit.

New Hampshire CLE Approved · 4 Total Credits

Earn Until

OnDemand - New Hampshire CLE - 4: NHMCLE does not approve or accredit CLE activities for the NH Minimum CLE requirement. NBI, Inc. believes this course meets the requirements of NH Supreme Court Rule 53 toward the annual NHMCLE requirement.

Video Download - New Hampshire CLE - 4: NHMCLE does not approve or accredit CLE activities for the NH Minimum CLE requirement. NBI, Inc. believes this course meets the requirements of NH Supreme Court Rule 53 toward the annual NHMCLE requirement.

New Jersey CLE Approved · 4.8 Total Credits

Earn Until

OnDemand - New Jersey CLE - 4.8: This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 4.80 hours of alternative format CLE credit. Of these, 0.0 qualifies as hours of alternative learning format credit for ethics/professionalism.

Video Download - New Jersey CLE - 4.8: This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 4.80 hours of alternative format CLE credit. Of these, 0.0 qualifies as hours of alternative learning format credit for ethics/professionalism.

New Mexico CLE Approved · 4 Total Credits

Earn Until

OnDemand - New Mexico CLE - 4: This program has been approved by the Board of Bar Commissioners of the State Bar of New Mexico. This program qualifies for 4.0 hours of self-study credit, including 0.0 hour of self-study ethics credit.

Video Download - New Mexico CLE - 4: This program has been approved by the Board of Bar Commissioners of the State Bar of New Mexico. This program qualifies for 4.0 hours of self-study credit, including 0.0 hour of self-study ethics credit.

Nevada CLE Approved · 4 Total Credits

Earn Until

OnDemand - Nevada CLE - 4: This course has been approved by the Nevada Board of Continuing Legal Education. This program qualifies for 4.0 hours of alternative format CLE credits by the Nevada Board of Continuing Legal Education, which includes 0.0 hour of alternative format ethical considerations.

Video Download - Nevada CLE - 4: This course has been approved by the Nevada Board of Continuing Legal Education. This program qualifies for 4.0 hours of alternative format CLE credits by the Nevada Board of Continuing Legal Education, which includes 0.0 hour of alternative format ethical considerations.

New York CLE Approved · 4.5 Total Credits
  • 4.5 Areas of Professional Practice

Earn Until

OnDemand - New York CLE - 4.5: This nontraditional format course has been approved in accordance with the requirements of the New York State Continuing Legal Education Board for up to 4.50 credit hours. 4.50 hours can be applied to the areas of professional practice requirement and is approved for experienced attorneys. NBI, Inc. offers a Financial Hardship Policy for qualifying individuals. To apply, please submit a request via email to our Tuition Discount Committee at customerservice@nbi-sems.com.

Video Download - New York CLE - 4.5: This nontraditional format course has been approved in accordance with the requirements of the New York State Continuing Legal Education Board for up to 4.50 credit hours. 4.50 hours can be applied to the areas of professional practice requirement and is approved for experienced attorneys. NBI, Inc. offers a Financial Hardship Policy for qualifying individuals. To apply, please submit a request via email to our Tuition Discount Committee at customerservice@nbi-sems.com.

Ohio CLE Approved · 4 Total Credits

Earn Until

OnDemand - Ohio CLE - 4: This course has been approved by the Supreme Court of Ohio Commission on Continuing Legal Education for 4.0 self-study CLE credit hours, including 0.0 hour of attorney professional conduct instruction.

Video Download - Ohio CLE - 4: This course has been approved by the Supreme Court of Ohio Commission on Continuing Legal Education for 4.0 self-study CLE credit hours, including 0.0 hour of attorney professional conduct instruction.

Oklahoma CLE Approved · 5 Total Credits

Earn Until

OnDemand - Oklahoma CLE - 5: This course has been approved by the Oklahoma Bar Association Mandatory Continuing Legal Education Commission. This program qualifies for 5.0 of On Demand CLE credit hours, which includes 0.0 hour of legal ethics.

Video Download - Oklahoma CLE - 5: This course has been approved by the Oklahoma Bar Association Mandatory Continuing Legal Education Commission. This program qualifies for 5.0 of On Demand CLE credit hours, which includes 0.0 hour of legal ethics.

Pennsylvania CLE Approved · 4 Total Credits

Earn Until

OnDemand - Pennsylvania CLE - 4: This program has been approved by the Pennsylvania Continuing Legal Education Board. This program qualifies for 4.0 hours of distance learning credit, including 4.0 hours of substantive law, practice and procedure CLE credit and 0.0 hour of ethics, professionalism or substance abuse distance learning CLE credit.

Video Download - Pennsylvania CLE - 4: This program has been approved by the Pennsylvania Continuing Legal Education Board. This program qualifies for 4.0 hours of distance learning credit, including 4.0 hours of substantive law, practice and procedure CLE credit and 0.0 hour of ethics, professionalism or substance abuse distance learning CLE credit.

South Carolina CLE Approved · 4 Total Credits

Earn Until

OnDemand - South Carolina CLE - 4: This course is accredited by the South Carolina Commission on Continuing Legal Education and Specialization for 4.0 alternatively delivered hours, of which 0.0 hour relates to legal ethics and professional responsibility.

Video Download - South Carolina CLE - 4: This course is accredited by the South Carolina Commission on Continuing Legal Education and Specialization for 4.0 alternatively delivered hours, of which 0.0 hour relates to legal ethics and professional responsibility.

Tennessee CLE Approved · 4 Total Credits

Earn Until

OnDemand - Tennessee CLE - 4: This course has been approved by the Tennessee Commission on Continuing Legal Education for a maximum of 4.0 hours of Distance Learning credit, including 0.0 hour of ethics/professionalism (EP) credit.

Texas CLE Approved · 4 Total Credits
  • 4 Personal Injury Trial Law
  • 4 Civil Trial Law
  • 4 Civil Appellate Law

Earn Until

OnDemand - Texas CLE - 4: This course is accredited for Minimum Continuing Legal Education credit by the State Bar of Texas Committee on MCLE in the amount of 4.0 credit hours, of which 0.0 credit hour will apply to legal ethics/professional responsibility credit. Hours in attendance at National Business Institute CLE seminars may be applied to the minimum Judicial Education requirement. This course has been approved by the Texas Board of Legal Specialization for certification and recertification continuing legal education requirements for attorneys and paralegals in the following specialty fields: 4.0 - Civil Appellate Law; 4.0 - Civil Trial Law; 4.0 - Personal Injury Trial Law

Video Download - Texas CLE - 4: This course is accredited for Minimum Continuing Legal Education credit by the State Bar of Texas Committee on MCLE in the amount of 4.0 credit hours, of which 0.0 credit hour will apply to legal ethics/professional responsibility credit. Hours in attendance at National Business Institute CLE seminars may be applied to the minimum Judicial Education requirement. This course has been approved by the Texas Board of Legal Specialization for certification and recertification continuing legal education requirements for attorneys and paralegals in the following specialty fields: 4.0 - Civil Appellate Law; 4.0 - Civil Trial Law; 4.0 - Personal Injury Trial Law

Utah CLE Approved · 4 Total Credits

Earn Until

OnDemand - Utah CLE - 4: National Business Institute is an approved "presumptive provider" with the Utah State Board of Continuing Legal Education. This program qualifies for 4.0 hours of self-study CLE credit for Utah attorneys, which includes 0.0 hour of ethics credit.

Video Download - Utah CLE - 4: National Business Institute is an approved "presumptive provider" with the Utah State Board of Continuing Legal Education. This program qualifies for 4.0 hours of self-study CLE credit for Utah attorneys, which includes 0.0 hour of ethics credit.

Virginia CLE Approved · 4 Total Credits

Earn Until

OnDemand - Virginia CLE - 4: This course has been approved by the Virginia Mandatory Continuing Legal Education Board for 4.0 hours of prerecorded credit, of which 0.0 hour will also apply in the area of legal ethics or professionalism.

Video Download - Virginia CLE - 4: This course has been approved by the Virginia Mandatory Continuing Legal Education Board for 4.0 hours of prerecorded credit, of which 0.0 hour will also apply in the area of legal ethics or professionalism.

Vermont CLE Approved · 4 Total Credits

Earn Until

OnDemand - Vermont CLE - 4: This course has been approved by the Vermont Board of Mandatory Continuing Legal Education. This program qualifies for 4.0 hours of self-study credit, including 0.0 hour of self-study ethics credit.

Video Download - Vermont CLE - 4: This course has been approved by the Vermont Board of Mandatory Continuing Legal Education. This program qualifies for 4.0 hours of self-study credit, including 0.0 hour of self-study ethics credit.

Washington CLE Approved · 4 Total Credits

Earn Until

OnDemand - Washington CLE - 4: This program qualifies for 4.0 hours of Washington continuing legal education (Self Study) A/V credit, which includes 4.0 hours of Law and Legal Procedure and 0.0 hour of ethics and professional responsibility.

Video Download - Washington CLE - 4: This program qualifies for 4.0 hours of Washington continuing legal education (Self Study) A/V credit, which includes 4.0 hours of Law and Legal Procedure and 0.0 hour of ethics and professional responsibility.

Wisconsin CLE Approved · 4.5 Total Credits

Earn Until

OnDemand - Wisconsin CLE - 4.5: Approved for 4.50 hours of repeated on-demand CLE credit by the Board of Bar Examiners.

Video Download - Wisconsin CLE - 4.5: Approved for 4.50 hours of repeated on-demand CLE credit by the Board of Bar Examiners.

West Virginia CLE Approved · 4.8 Total Credits

Earn Until

OnDemand - West Virginia CLE - 4.8: This program qualifies for 4.80 hours of pre-recorded credit, which includes 0.0 hour of pre-recorded ethics credit, under the West Virginia Rules for Mandatory Continuing Legal Education.

Video Download - West Virginia CLE - 4.8: This program qualifies for 4.80 hours of pre-recorded credit, which includes 0.0 hour of pre-recorded ethics credit, under the West Virginia Rules for Mandatory Continuing Legal Education.

Wyoming CLE Approved · 4 Total Credits

Earn Until

OnDemand - Wyoming CLE - 4: The Wyoming State Board of Continuing Legal Education has granted 4.0 hours of Continuing Legal Education Credit, including 0.0 hour of ethics.

Video Download - Wyoming CLE - 4: The Wyoming State Board of Continuing Legal Education has granted 4.0 hours of Continuing Legal Education Credit, including 0.0 hour of ethics.

Course Book (PDF Download)

CLE Credits
Maine CLE Approved · 4 Total Credits

Earn Until

Course Book - Maine CLE - 4: This course has been approved by the State of Maine Board of Overseers of the Bar. Lawyers who complete this course will receive 4.0 hours of self-study CLE credit.

Missouri CLE Approved · 4.8 Total Credits

Earn Until

Course Book - Missouri CLE - 4.8: NBI, Inc. is an accredited sponsor with Missouri Minimum Continuing Legal Education. This program qualifies for 4.80 self-study CLE credit hours.

Northern Mariana Islands CLE Approved · 4 Total Credits

Earn Until

Course Book - Northern Mariana Islands CLE - 4: This course has been approved by the Commonwealth of the Northern Mariana Islands. Lawyers who complete this course shall receive 4.0 hours of self-study CLE credit.
Select Jurisdiction
CLE

Agenda

All times are shown in

  1. How Doctors Evaluate Pre-Existing Injuries and Exacerbation

    1. What Aggravation Means From a Medical Perspective
    2. Baseline Condition vs. Post-Incident Change
    3. Evaluating the Age of Injury and Timing of Aggravation
    4. Distinguishing Degenerative Conditions From Acute Trauma
    5. Role (and Limitations) of Imaging, Diagnostics, and Clinical Findings
    6. Temporary Exacerbation vs. Permanent Aggravation
    7. What Makes a Doctor Comfortable or Reluctant to Support Causation

  2. Intake Red Flags and Records That Make or Break Your Case

    1. Intake and Early Case Evaluation: Spotting Red Flags in Exacerbation Cases
    2. Identifying Baseline Health vs. New Injury
    3. What to Look for in Prior Medical, Pharmacy, and Work Records
    4. The "Social Media Ghost"
    5. Organizing and Summarizing Records to Tell a Clear Story
    6. Effective Use of Treating Physicians vs. Retained Experts

  3. Defense Playbook for Attacking Exacerbation Claims

    1. "Nothing New Here" - Continuation or Natural Progression
    2. The “Degeneration Equals Inevitability” Argument
    3. Leveraging Prior Records to Undermine Causation
    4. Attacking Timeline and Treatment Patterns
    5. Minimizing Mechanism of Injury
    6. Bringing in IMEs/Defense Experts
    7. Shifting Focus to Apportionment and Damage Reduction

  4. Damages and Negotiation Strategy

    1. Applying the Eggshell Plaintiff Rule
    2. Valuing Exacerbated/Aggravated Injury Claims
    3. Demand Letter Pointers
    4. How Carriers Discount Pre-Existing Injury Claims - and How to Counter Them
    5. Settlement Strategy in Mixed-Causation Cases
    6. Future Care and Permanency Arguments
    7. Considering Jury Allocation and Valuation: How Much They Intuitively Discount for Pre-Existing Conditions

  5. Deposing and Cross-Examining Medical Experts: Key Questions and Critical Concessions to Lock In

  6. Trial Techniques: Presenting the Aggravation Case to a Jury

    1. Jury Instructions and How They Drive Trial Strategy
    2. Theme Development and Framing the Case
    3. Jury Psychology and Voir Dire - Spotting Bias Early
    4. Plaintiff and Physician Direct Examination
    5. Effective Use of Visuals and Demonstratives
    6. Practical Advice for Closing Arguments

Who Should Attend

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

Speakers

Michael A Melonakos
Michael A.
Melonakos
The Melonakos Law Firm
Robert J Welcenbach
Robert J.
Welcenbach
Welcenbach Law Offices
Michael D Karp
Michael D.
Karp
Trial Lawyers of Wisconsin
Dr. Merrick J Wetzler
Dr. Merrick J.
Wetzler
Advocare South Jersey Orthopedic Associates
Speaker bio
Michael A Melonakos

Michael A. Melonakos

The Melonakos Law Firm
Michael Melonakos

is an attorney at The Melonakos Law Firm. After years of defending insurers, he transitioned to the plaintiffs' side, where he has successfully secured hundreds of favorable settlements and verdicts for injured clients. Mr. Melonakos earned his bachelor's degree from Michigan State University and his J.D. degree from the University of Georgia School of Law. He is a member of the Greenville Bar Association and is admitted to practice law in South Carolina. 

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Speaker bio
Robert J Welcenbach

Robert J. Welcenbach

Welcenbach Law Offices
Robert Welcenbach

is a partner with Welcenbach Law Offices, specializing his practice in the areas of personal injury, wrongful death, workers' compensation, Social Security disability, business litigation and probate litigation. He is admitted to practice before the U.S. District Court for the Eastern District of Wisconsin, the U.S. Court of Appeals for the Seventh Circuit, and all state courts in Wisconsin. Mr. Welcenbach has been selected as a Super Lawyer from 2008-2018 and named Top 100 Trial Lawyers by the National Trial Lawyer Association. He is a member of the State Bar of Wisconsin, Milwaukee Bar Association, Waukesha Bar Association, and the Wisconsin Association for Justice. Mr. Welcenbach earned his undergraduate degree from University of Wisconsin - Madison, and his J.D. degree from Marquette University Law School.

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Speaker bio
Michael D Karp

Michael D. Karp

Trial Lawyers of Wisconsin
Michael Karp

is a trial lawyer and the visionary co-founder of the firm, Trial Lawyers of Wisconsin. He and his firm choose to represent people and families against large corporations, insurance companies, and government entities, ensuring that even the most powerful institutions are held fully accountable for their actions. Mr. Karp earned his B.A. degree from the University of Iowa and his J.D. degree from Marquette University Law School. He is admitted to practice law in Wisconsin. 

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Dr. Merrick J Wetzler

Dr. Merrick J. Wetzler

Advocare South Jersey Orthopedic Associates
Merrick Wetzler

is a board-certified orthopedic surgeon and is a fellow of the American Academy of Orthopedic Surgeons. He developed an early interest in sports medicine at Yale University, where during his undergraduate career he was an All-Ivy League wrestler and won a gold medal at the Maccabiah Games. Following fellowships in sports medicine at Thomas Jefferson University Medical Center, Rothman Institute, and Lankenau Hospital and Medical Research Center. He joined South Jersey Orthopedic Associates in 1995. A former co-director of Virtua's Sports Medicine Program, Dr. Wetzler is active in professional, school, and community sports at every level. He has assisted in team medical coverage for the Philadelphia Eagles, Flyers, Phillies and Wings; served as medical chairman/director for Team USA in the 2009 International Maccabiah Games, medical director for Team USA in the 2007 European Maccabiah Games, and associate medical director for Team USA in the 2005 International Maccabiah Games; is a member of the U.S. Rugby Union Medical and Safety Committee; and has also served as the team orthopedic surgeon for sports teams at Rowan University, Rutgers-Camden University, Eastern Camden County Regional High School, Pemberton Township High School, Cherry Hill West High School, Jersey Wahoos Swim Team, and South Jersey Rugby Football Club. Specializing in sports medicine, shoulder and knee reconstruction, orthopedic trauma, and general orthopedics, Dr. Wetzler was voted "Top Doc in Sports Medicine" by his peers in the 2003, 2004, 2005, 2006, 2008, and 2009 surveys by SJ Magazine. He serves as the associate editor of The Journal for Arthroscopy and Related Surgeries, and is a member of the U.S. Olympic Committee Sports Medicine Society, Arthroscopy Associates of North America, American Orthopedic Society of Sports Medicine, American College of Sports Medicine, American Medical Association, and Camden County and New Jersey Medical Societies.

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