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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 in Trucking and Auto Cases
- Arbitration and Litigation: Preparation Tips and Hearing Strategies
Can't Attend Live?
Get the OnDemand Instead
Watch the recording of this event on your own schedule. We'll notify you when its ready.
Credit Details
Credits Available
| Credit | Status | Total |
|---|---|---|
| North Carolina CLE |
|
6 Total |
| South Carolina CLE |
|
6 Total |
| North Carolina Continuing Paralegal Education |
|
6 Total |
Credit Details by Jurisdiction
Live Webinar Registration
CLE
Credits
North Carolina CLE Approved · 6 Total Credits
- 1 Professional Responsibility
Live - North Carolina CLE - 6: NBI, Inc. is an accredited sponsor with the North Carolina State Board of Continuing Legal Education. Attendance of this program will result in 6.0 hours of CLE credit, including 1.0 professional responsibility.
South Carolina CLE Approved · 6 Total Credits
- 1 Legal Ethics/Professional Responsibility
Live - South Carolina CLE - 6: This course is accredited by the South Carolina Commission on Continuing Legal Education and Specialization for 6.0 alternatively delivered hours, of which 1.0 hour relates to legal ethics and professional responsibility.
Paralegal
Credits
North Carolina Continuing Paralegal Education Approved · 6 Total Credits
- 1 Professional Responsibility
Live - North Carolina Continuing Paralegal Education - 6: This program has been approved by the North Carolina State Bar Board of Paralegal Certification for continuing paralegal education credit in the amount of 6.0 hours, of which 1.0 hour will also apply in the area of professional responsibility. This course is not sponsored by the Board of Paralegal Certification.
OnDemand Video
CLE
Credits
North Carolina CLE Approved · 6 Total Credits
- 1 Professional Responsibility
Earn Until
OnDemand - North Carolina CLE - 6: NBI, Inc. is an accredited sponsor with the North Carolina State Board of Continuing Legal Education. Attendance of this program qualifies for 6.0 hours of online CLE credit, including 1.0 professional responsibility.
Video Download - North Carolina CLE - 6: NBI, Inc. is an accredited sponsor with the North Carolina State Board of Continuing Legal Education. Attendance of this program qualifies for 6.0 hours of online CLE credit, including 1.0 professional responsibility.
South Carolina CLE Approved · 6 Total Credits
- 1 Legal Ethics/Professional Responsibility
Earn Until
OnDemand - South Carolina CLE - 6: This course is accredited by the South Carolina Commission on Continuing Legal Education and Specialization for 6.0 alternatively delivered hours, of which 1.0 hour relates to legal ethics and professional responsibility.
Video Download - South Carolina CLE - 6: This course is accredited by the South Carolina Commission on Continuing Legal Education and Specialization for 6.0 alternatively delivered hours, of which 1.0 hour relates to legal ethics and professional responsibility.
Paralegal
Credits
North Carolina Continuing Paralegal Education Approved · 6 Total Credits
- 1 Professional Responsibility
Earn Until
OnDemand - North Carolina Continuing Paralegal Education - 6: This program has been approved by the North Carolina State Bar Board of Paralegal Certification for computer-based continuing paralegal education credit in the amount of 6.0 hours, of which 1.0 hour will also apply in the area of professional responsibility. This course is not sponsored by the Board of Paralegal Certification.
Select Jurisdiction
CLE
Paralegal
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 in Trucking and Auto Cases
- 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
Christina Stone
is a personal injury lawyer with Riddle & Riddle. Her areas of practice are personal injury and workers' compensation law. In 2022, Ms. Stone was named a member of The National Trial Lawyers Top 40 Under 40 in recognition of her results. In 2023, she was named a "Rising Star" by Super Lawyers. Ms. Stone attended the University of North Carolina at Chapel Hill, where she earned her B.A. degree in media and journalism, with a concentration in public relations. Her second major was political science. Ms. Stone graduated with Distinction. During her undergraduate studies, she served as president of the Gamma Sigma Alpha National Greek Honor Society and participated in the Buckley Public Service Scholars Program, completing over 300 hours of public service. While attending law school, Ms. Stone served as a staff member of the North Carolina Law Review, and as a member of the UNC Women in Law, Carolina Health Law Organization.
Speaker bio
Adam A. Smith
is an attorney and a workers' compensation specialist with Riddle & Riddle. He has dedicated his career to litigating complicated legal matters, with particular emphasis on fighting for victims of serious personal injuries. Mr. Smith is a member of the North Carolina State Bar; U.S. District Court, Eastern and Middle districts of North Carolina; Fourth Circuit Court of Appeals; North Carolina Advocates of Justice; Tenth District Judicial Bar; and Wake County Bar Association. He is also board-certified by North Carolina State Bar's Board of Legal Specialization in the area of workers' compensation. Mr. Smith earned his B.A. degree, cum laude, in political science from Duke University and his J.D. degree from Duke University School of Law.
Speaker bio
Andrew P. Cioffi
has helped individuals and small businesses with legal problems for nearly 40 years. His client-focused approach began with a general practice in Roxboro, North Carolina with former North Carolina House Speaker Jim Ramsey. Mr. Cioffi became focused on personal injury work over the next ten years, moving to larger and more complex injury cases and concentrating on insurance and catastrophic injury cases. He joined Sanford Thompson and Ted Smyth, working with them on significant Injury cases for five years until he and Mr. Smyth continued practice on their own for another ten years, working on a variety of catastrophic injury and insurance cases. Mr. Cioffi continued that work on his own over the last ten years, until joining Maginnis Howard, of counsel, a firm with whom he worked on scores of cases over the years. He is a first-generation American who grew up in New Hampshire going to one-room schoolhouses for his primary education. In high school, legal and government opportunities were opened (Boys State and Model UN awards) and furthered when Mr. Cioffi went to college at the University of New Hampshire (internships in U.S. Senate, New Hampshire Association of Counties, and National Association of Counties) and culminated when he went to work as a speech writer for the New Hampshire State Senate. He went to law school at American University in Washington, D.C., where he took on a joint degree program in law and international relations. Mr. Cioffi completed the course work for his master's degree, and left D.C. for North Carolina to marry his now-wife of 38-years, before he finished his dissertation in International Relations. He has been president of the Tenth Judicial District Memorials Committee, president of the North Carolina Bar Association Medico-Legal Guidelines Committee, and president of the Susie Sharp Inn of Court, and several local and community organizations.
Speaker bio
Robert H. Jessup
is a partner at Howard Stallings Law Firm, where he represents plaintiffs in first-party property insurance, serious injury, and wrongful death cases. He has been recognized by The Multi-Million Dollar Advocates Forum, Best Lawyers in America, and Super Lawyers. Mr. Jessup was born and raised in North Carolina. He earned both his undergraduate degree, in Religious Studies and Journalism, and his law degree from the University of North Carolina at Chapel Hill. He is proud to represent people across his home state and is committed to helping clients through some of the most difficult moments in their lives. Mr. Jessup lives in Raleigh with his wife, who is also an attorney, and their two young children.
Speaker bio
William D. Owens
is a partner at Owens & Miller, PLLC, where his practice is limited exclusively to the representation of individuals (plaintiffs) in the litigation of injury claims. He has a proven track record with appearances in the Superior Court Divisions of 37 of North Carolina's 100 counties, with numerous jury cases tried to verdict in eight of these counties. Mr. Owens has successfully negotiated, prosecuted, and litigated claims with all major insurance carriers and most defense firms throughout central North Carolina. He is frequently selected by fellow attorneys to serve as an arbitrator in the binding arbitration of uninsured/underinsured motorist claims. Mr. Owens is admitted to practice in North Carolina and before the United States District Court for the Eastern, Western, and Middle Districts of North Carolina. He is an active member of the Wake County Bar Association, North Carolina Bar Association, National Trial Lawyers, North Carolina Advocates for Justice, and the Association of Plaintiff Interstate Trucking Lawyers of America (APITLA), which is a national organization of committed attorneys who have joined together to help eliminate unsafe and illegal interstate trucking practices. Mr. Owens earned his B.A. degree from the University of North Carolina at Wilmington and J.D. degree from Campbell University Norman Adrian Wiggins School of Law.
Speaker bio
Dré A. Fleury, Jr.
is a senior partner at CR Legal Team, LLP. He litigated plaintiff personal injury cases for four years before joining CR Legal Team. Mr. Fleury earned his Bachelor of Arts degree from Washington and Lee University and his Juris Doctor degree from the University of North Carolina at Chapel Hill School of Law. He has also completed the Charlotte’s Queens University McColl School of Business Harvard Management Development Program. Mr. Fleury has gained admission to the U.S. Federal District Courts for the Eastern, Middle, and Western Districts of North Carolina, the Southern District of Illinois, and the Middle District of Tennessee.
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