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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
Credit Details
Credits Available
| Credit | Status | Total | Until |
|---|---|---|---|
| Georgia CLE |
|
6 Total | 12-31-2025 |
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
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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
Brendan Krasinski
is an attorney at DLA Piper. He has more than 15 years of experience representing corporations in complex litigation, from inception through trial throughout the country. Mr. Krasinski specializes in complex litigation involving personal injuries, claims of false advertising, and business disputes. He is frequently called on by clients for his experience in mass torts and class actions, as well as in commercial cases involving a variety of claims, including false advertising, product warranties and related contracts. After receiving his undergraduate degree from the United States Military Academy, Mr. Krasinski went on to serve as an Infantry Officer in the United States Army. As an Officer, he served as a Rifle and Mortar Platoon Leader, Assistant Operations Officer, General's Aide, and a Platoon Trainer and Instructor at the United States Army's Ranger School. After leaving the Army, he earned his J.D. degree from the University of Georgia, where he was a member of the Moot Court team and the Order of the Coif.
Speaker bio
Ecleynne Mercy
is a highly accomplished attorney the proud owner and operator of Mercy Law P.C. She has also established Legal Upgrade, a company that offers various services and products related to legal guidance, instruction and wellness-based frameworks. The primary focus of Legal Upgrade is to assist individuals, businesses and communities in integrating wellness-based strategies into their daily legal lives and infrastructure. One of the key services provided by Legal Upgrade is an extensive workshop specifically designed to help students maximize their scores on the essay portion of the Georgia Bar Exam. Ms. Mercy has years of experience in helping repeat bar takers pass the bar, and she utilizes her expertise to provide valuable guidance and instruction to aspiring lawyers. Additionally, she oversees and directs various activities within Legal Upgrade. This includes training and supervising paralegal/support staff, conducting bar compliance reviews, providing case management training, monitoring deadlines, and performing firm audits. Ms. Mercy offers staff training programs in areas such as PI case management, family law case management, criminal defense case management, bar compliance, and system assessments. Furthermore, she conducts attorney trainings on a range of legal topics, including bar compliance, family law, criminal defense, general civil litigation, automobile and motorcycle accidents, slip and falls, dog bites, pedestrian impact cases, premises liability cases, and negligent security cases. Ms. Mercy's expertise in these areas allows her to provide comprehensive and specialized training to attorneys and law students. She is also actively involved in promoting legal awareness and civil rights. Ms. Mercy trains attorneys and law students to become legal observers, enabling them to monitor legal proceedings and ensure fairness. She conducts "Know Your Rights" seminars across the country, educating citizens about their constitutional rights when dealing with law enforcement. Additionally, Ms. Mercy serves as a legal commentator for Court TV, where she shares her insights and expertise on various legal matters. Her educational background includes a B.A. degree from Howard University and a J.D. degree from Western Michigan University Cooley Law School. Ms. Mercy holds memberships in several professional organizations, including the DeKalb Bar Association, State Bar of Georgia, Georgia Association of Black Women Attorneys, Haitian American Lawyers Association of Georgia, and Sister Care Alliance. These affiliations demonstrate her commitment to professional development, networking, and community engagement within the legal field.
Speaker bio
James A. Robson
is a co-founding partner with Glass & Robson, LLC. He handles a wide variety of cases throughout the state of Georgia, including automobile wrecks, trucking/tractor-trailer wrecks, motorcycle wrecks, bicycle wrecks, premises liability, slip/trip and falls, negligent security, apartment shootings/assaults, defective/dangerous products, wrongful death, spinal cord injuries and brain injuries. Mr. Robson is admitted to practice in Georgia; all state and superior courts of Georgia; Georgia Court of Appeals; Supreme Court of Georgia; U.S. District Court, Northern, Middle and Southern districts of Georgia; Eleventh Circuit Court of Appeals; and the U.S. Supreme Court. He is a member of the State Bar of Georgia, Georgia Trial Lawyers Association and American Association for Justice. Mr. Robson earned his A.B. degree, magna cum laude, from the University of Georgia at Athens and his J.D. degree, cum laude, from Mercer University-Walter F. George School of Law.
Speaker bio
Christopher Campbell
is a partner with DLA Piper. He is chair of DLA Piper's Product Liability and Mass Tort Practice Group. Mr. Campbell has 20 years of experience in all phases of mass tort, class action, and other complex commercial litigation, including trying cases and arguing appeals. He has served as global, national and trial counsel for many global companies in the life sciences, food and beverage, automotive and insurance sectors. In addition, Mr. Campbell advises clients on regulatory, communications and other strategic matters, with the potential to impact the clients' business interests or reputations. He earned his B.S. degree from Austin Peay State University and his J.D. degree from Harvard Law School.
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