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Overview
Troubleshoot Problems in Auto Injury Cases with Tips From Experienced Litigators
UM/UIM coverage, medical bill disagreements, subrogation hassles...the auto injury litigation process is packed with problems for both sides. Do you know how to power past these pain points and come out ahead? In this full-day program, seasoned attorneys will provide pointers for overcoming common challenges and gaining the advantage when the odds seem stacked against you. Get the best auto injury settlement or judgment for your client - register today!
- Detangle the complexities of UM/UIM claims and coverage.
- Apply the collateral source and reasonable value rules to your advantage.
- Gain tips for handling sticky government claims against the settlement.
- Delve into bad faith dilemmas for auto insurers, including time-limited policy limits demands.
- Explore top legal ethics challenges in auto injury litigation.
- Unveil and overcome unfavorable juror biases with practical trial techniques.
Abbreviated Agenda
- UM/UIM Coverage Conundrums and Negotiating with Difficult Adjusters
- Liens, Subrogation and Damages: Troubleshooting Key Problems
- Text Messages, Doctors, Collateral Sources and More: Discovery and Evidence Snags
- Bad Faith Quandaries in Auto Injury Litigation
- Jury Trial Complexities
- Legal Ethics Dilemmas
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Credit Details
Credits Available
| Credit | Status | Total |
|---|---|---|
| New Jersey CLE |
|
7.2 Total |
| New York CLE |
|
7 Total |
| Pennsylvania CLE |
|
6 Total |
Select Jurisdiction
CLE
Agenda
-
UM/UIM Coverage Conundrums and Negotiating with Difficult Adjusters
- UM/UIM Coverage Complexities
- Multiple Policies, Stacking and Set-Offs
- Conflict of Laws: PIP, UM, UIM, etc.
- Low Limits
- Coverage Denials
- Lowball Offers by Adjusters
- Insurance Adjusters Discounting Medical Bills
- Intentional Delay Tactics
-
Liens, Subrogation and Damages: Troubleshooting Key Problems
- Uncertain Law When Dealing with Third-Party Claims
- Hassles with Medical Care Providers’ Liens
- Subrogation Interests/Negotiation Difficulties
- Medicaid Lien, Medicare Lien and MSA Headaches
- Future Medical Cost Disagreements
- Diminished Future Earning Capacity Complications
- The Problem of Proving Pain and Suffering
- Monies in Excess of the Policy Limits
-
Text Messages, Doctors, Collateral Sources and More: Discovery and Evidence Snags
- Getting all Needed Medical Records and Bills in a Timely Manner
- IME Problems
- Preexisting Conditions: Causation Proof and Doctor Testimony
- Causation Proof in Low/Moderate Impact Cases
- Counteracting Biomechanical Expert Testimony
- Medical Bills: Evidence of Reasonable Value and Admissibility of Collateral Sources
- Authenticating Texts and Social Media Posts
- Evidence of Drug/Alcohol/Prescription Drug Use
-
Bad Faith Quandaries in Auto Injury Litigation
- The Blurred Line Between Negligence and Intentional/Reckless Conduct
- Time-Limited Policy Limits Demands
- Unusual Acceptance Conditions in the Demand
- Investigation Problems: Too Far vs. Not Far Enough
- Delays and Low Settlement Offers: Defining "Unreasonable"
- Multiple Claimants, Minimal Limits
- Hotly-Contested Claims and Case Law
-
Jury Trial Complexities
- Jury Selection/Voir Dire: Unraveling Juror Bias
- CRPS, TBI, etc.: Explaining Complex and Controversial Injuries
- Juror Attitudes in Soft Tissue or Minimum Impact Cases
- Exhibit Quandaries
- Cross-Examining the Difficult Witness
- Addressing Damages at Trial: Dilemmas for Both Sides
-
Legal Ethics Dilemmas
- Conflicts of Interest Predicaments
- Insurance Defense Counsel Relationship with the Insured and Insurer
- Ethical Problems in Litigation and Settlements
- Attorney Fees and Client Trust Accounts
- Challenges of Preserving Client Confidentiality
- Legal Marketing and Advertising
Who Should Attend
This intermediate-to-advanced level seminar is designed for attorneys. Claims representatives and paralegals may also benefit.
Speakers
Speaker bio
Lindsay Andreuzzi
is a partner with Kutak Rock LLP. She has an extensive background in insurance coverage and bad faith law, and focuses her litigation practice on advising and defending personal, commercial and surplus line insurers in complex insurance coverage matters and allegations of bad faith claims handling. Ms. Andreuzzi has tried and arbitrated numerous coverage and extra-contractual cases in Pennsylvania and New Jersey. She earned her A.B. degree from Princeton University and her J.D. degree from George Mason University School of Law, with distinction. Ms. Andreuzzi is admitted to practice in the states of Pennsylvania, Michigan and New Jersey.
Speaker bio
Michael T. McDonnell, III
is the managing partner of the Philadelphia Office of Kutak Rock LLP, where he concentrates his practice in the area of risk management and insurance coverage, in particular, providing consulting services, coverage advice and litigation services on behalf of underwriters and insurers concerning aviation, marine, general liability, property, fidelity and surety, D&O, E&O, and specialty risk policy issues. He also has also represented insurers in multi-site, multi-party pollution and toxic exposure cases in Pennsylvania, New Jersey and Delaware. Mr. McDonnell has successfully argued before the Pennsylvania, New Jersey Appellate and Supreme Courts, and the Third Circuit federal courts, having argued or briefed more than 50 times in these forums. Mr. McDonnell currently serves as board president for a large non-profit provider of services and supports for the intellectually and physically disabled in Southeastern Pennsylvania and Delaware. He earned his B.A. degree, cum laude, from Villanova University and his J.D. degree from the University of Notre Dame Law School. Mr. McDonnell is a member of the Philadelphia and Delaware County bar associations, and the Bar of the Federal Court of Claims.
Speaker bio
David Kwass
a partner at Saltz Mongeluzzi Bendesky P.C., handles cases involving crane and aerial lift accidents, equipment tipovers, guardrail failures, automobile crashworthiness claims, electrical contacts, workplace falls, recreational products, and liquor liability. He served as the chairman of the State Civil Procedural Rules Committee. An active member of the American Association for Justice, Mr. Kwass is a past chair of the Product Liability Section and currently serves as chairman of the Crane and Aerial Lift Litigation Group and co-chairman of the Guardrail Litigation Group. His passion for workplace safety and safe product design has resulted in nearly 150 separate verdicts and settlements in excess of $1 million. Since 2012, Mr. Kwass has been recognized each year as a Pennsylvania Super Lawyer. His courtroom advocacy has earned multiple seven figure verdicts for his clients, including a $19,100,000 award in June 2021. American Lawyer Media recognized this verdict as the largest in Pennsylvania for 2021. He is a 1987 graduate of Haverford College, receiving his B.A. degree, with honors. Mr. Kwass earned his master’s degree from Georgetown University; his J.D. degree from the University of Virginia School of Law; and his master’s degree, with honors, in trial advocacy from the Temple University School of Law. He continues his association with Temple's School of Law as an adjunct professor of law in the ITAP Program, teaching advanced civil procedure, and lecturing in the LL.M. program on various trial advocacy topics. Mr. Kwass has mentored Temple's trial teams on construction and product liability cases and served as the Coach of the Strawberry Mansion High School Mock Trial Team. An active author, his publishing credits include Heavy Lifting Ahead, Trial, Vol. 55, No. 11 (November 2019) at p. 46; Looking Out for Boom Lift Defects, Trial, Vol. 53, No. 11 (November 2017) at p. 40; Protect Your Life Care Plan, Trial, Vol. 53, No. 4 (April 2017) at p. 52. Building Your Case Against Architects and Engineers, Trial, Vol. 51 (October 2015) at p. 30; “Defective Guardrails on Our Highways,” AAJ Product Liability Section Newsletter (Winter 2015); "Dealing in Dangers," Trial, Vol. 50 (April 2014) at p. 36; “Defuse the OSHA Citation,” Trial, Vol. 49, No. 4 (April 2013) at p. 46; Try Opening with a Videotaped Deposition, Trial, Vol. 43 (April 2007) at p. 52; Proving Your Case With Manufacturer Employee Depositions, Trial, Vol. 42, No. 2 (February 2006) at p. 56; and Law on Seat Belt Defense Continues to Develop, Andrews Litigation Reporter Automotive, Vol. 24, Issue 15 (1/25/05). Mr. Kwass is admitted to practice before the Supreme Court of Pennsylvania; U.S. District Courts for the Eastern, Middle and Western districts of Pennsylvania; and the Third, Fourth and Seventh Circuit Courts of Appeals. He is an active member of the American and Pennsylvania Associations for Justice, and the Philadelphia Trial Lawyers Association. Away from work, Mr. Kwass is the principal owner of the Tria cafes in Center City, Philadelphia, where wine, cheese and beer are the focus.
Speaker bio
Joseph A. Hudock, Jr.
is an attorney and partner with Summers, Mcdonnell, Hudock, Guthrie & Rauch, P.C. He specializes in all aspects of tort, casualty and insurance defense litigation. Mr. Hudock has a broad range of practice areas including claims pertaining to auto, UM/UIM, insurance coverage, bad faith, premises & product liability, employment law and much more. He is admitted to practice in Pennsylvania; U.S. District Court for the Western District of Pennsylvania; U.S. District courts for the Western, Middle and Eastern Districts of Pennsylvania; and the United States Third Circuit Court of Appeals. Mr. Hudock is a member of the Academy of Trial Lawyers of Allegheny County and the Pennsylvania Defense Institute. He earned his B.A. degree, cum laude, from Georgetown University and his J.D. degree from the University of Pittsburgh School of Law.
Speaker bio
Joshua J. Perry
is an attorney at O'Donnell Law Offices. He brings his extensive background in healthcare to his work as a personal injury lawyer. Before pursuing a law degree, Mr. Perry spent 11 years as a registered nurse, working mostly in the intensive care unit at Geisinger Wyoming Valley Medical Center. His personal experience has given him an understanding of the devastating impact of vehicle collisions, workplace accidents, and other injuries caused by someone else's negligence. Mr. Perry earned his Bachelor of Science in Nursing from Wilkes University and his J.D. degree from the Syracuse University College of Law. He is admitted to practice law in Pennsylvania.
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