Personal Injury & Negligence

4.81

Damages in Personal Injury Cases: Advanced Issues and Answers

Credits Available
Credit Status Total
Alaska CLE Approved 6 Total
Arkansas CLE Approved 6 Total
Arizona CLE Approved 6 Total
California CLE Approved 6 Total
Colorado CLE Approved 7 Total
Connecticut CLE Approved 6 Total
Delaware CLE Approved 6 Total
Florida CLE Approved 7 Total
Hawaii CLE Approved 6 Total
Idaho CLE Approved 6 Total
Illinois CLE Approved 6 Total
Maine CLE Approved 6 Total
Minnesota CLE Approved 6 Total
Missouri CLE Approved 6 Total
Northern Mariana Islands CLE Approved 6 Total
Montana CLE Approved 6 Total
North Dakota CLE Approved 6 Total
Nebraska CLE Approved 6 Total
New Hampshire CLE Approved 6 Total
New Mexico CLE Approved 6 Total
Nevada CLE Approved 6 Total
New York CLE Approved 7 Total
Oklahoma CLE Approved 7 Total
Oregon CLE Approved 6 Total
Pennsylvania CLE Approved 6 Total
Rhode Island CLE Upon Request 6 Total
Tennessee CLE Approved 6 Total
Vermont CLE Approved 6 Total
Washington CLE Approved 6 Total
Wisconsin CLE Approved 7 Total
West Virginia CLE Approved 7.2 Total
OnDemand
6 hours 7 minutes
H. Asby Fulmer
Joshua Offenhartz
Peter Richard
Daniel Leister
With H. Asby Fulmer III from Fulmer Law Firm, LLC + 3 others
Recorded October 29, 2024
Product ID 98304

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Overview

Calculate, Negotiate, and Litigate "Complex" Damages

Pain and suffering, wrongful death damages, future lost earnings - the most important personal injury damages are not objective or easily quantified. These present both opportunity and challenge, as the ultimate settlement amounts or jury awards strongly hinge on your abilities as an attorney. Join seasoned faculty and get advanced insights for calculating, negotiating, and litigating the "tougher" damages. Enhance your skills - register today!

  • Get practical insights on questioning vocational experts on matters of lost earning capacity.
  • Reveal effective plaintiff's attorney techniques for proving pain and suffering damages.
  • Learn how to get an accurate gauge on damages in wrongful death lawsuits.
  • Explore key vulnerabilities of life care plans and future medical cost projections in catastrophic injury cases.
  • Discover tips for recovering insurance policy limits - or beyond.
  • Review concrete strategies for arguing abstract damages to a jury.

Abbreviated Agenda

  1. Loss of Future Earnings and Earning Capacity
  2. Calculating and Proving Pain and Suffering Damages
  3. Damages in Wrongful Death Cases
  4. Defending - or Attacking - Life Care Plans and Future Medical Cost Projections
  5. Damages Beyond Insurance Policy Limits
  6. Collateral Source Rule and Other Evidence Issues
  7. Damages at Trial: Advanced Strategies for Arguing Damages to a Jury
  8. Minimizing and Eliminating Liens on the Settlement
  9. Legal Ethics

Related Topics

Product ID 98304

Credit Details

Credits Available
Credit Status Total
Alaska CLE Approved 6 Total
Arkansas CLE Approved 6 Total
Arizona CLE Approved 6 Total
California CLE Approved 6 Total
Colorado CLE Approved 7 Total
Connecticut CLE Approved 6 Total
Delaware CLE Approved 6 Total
Florida CLE Approved 7 Total
Hawaii CLE Approved 6 Total
Idaho CLE Approved 6 Total
Illinois CLE Approved 6 Total
Maine CLE Approved 6 Total
Minnesota CLE Approved 6 Total
Missouri CLE Approved 6 Total
Northern Mariana Islands CLE Approved 6 Total
Montana CLE Approved 6 Total
North Dakota CLE Approved 6 Total
Nebraska CLE Approved 6 Total
New Hampshire CLE Approved 6 Total
New Mexico CLE Approved 6 Total
Nevada CLE Approved 6 Total
New York CLE Approved 7 Total
Oklahoma CLE Approved 7 Total
Oregon CLE Approved 6 Total
Pennsylvania CLE Approved 6 Total
Rhode Island CLE Upon Request 6 Total
Tennessee CLE Approved 6 Total
Vermont CLE Approved 6 Total
Washington CLE Approved 6 Total
Wisconsin CLE Approved 7 Total
West Virginia CLE Approved 7.2 Total
Select Jurisdiction
CLE

Agenda

All times are shown in

  1. Loss of Future Earnings and Earning Capacity

    1. Challenges in Calculating Future Lost Earnings
    2. Assessing the Injury's Impact on Vocational Capacity
    3. Vocational Analysis
    4. Unique Issues: Limited Work History, Minors, and More
    5. Deposing Vocational Experts and Economists

  2. Calculating and Proving Pain and Suffering Damages

    1. Quantifying Pain and Suffering Damages
    2. Documentation and Demand Letter Tips
    3. Negotiating Pain and Suffering Claims With Adjusters
    4. Effectively Using Witnesses
    5. Independent Medical Examinations
    6. Countering Common Defense Tactics
    7. Convincing a Jury Pain and Suffering is Real - and Substantial

  3. Damages in Wrongful Death Cases

    1. Life Expectancy of the Deceased
    2. Lost Income, Benefits, and Services
    3. Loss of Consortium
    4. Damages for the Death of a Child
    5. Conscious Pain and Suffering
    6. Applying the Rules of Evidence

  4. Defending - or Attacking - Life Care Plans and Future Medical Cost Projections

  5. Damages Beyond Insurance Policy Limits

    1. Finding Other Sources of Recovery/Coverage
    2. Policy Limits Demands
    3. Going Beyond Policy Limits
    4. Uninsured/Underinsured Motorist Claim Issues
    5. Insurance Bad Faith

  6. Collateral Source Rule and Other Evidence Issues

  7. Damages at Trial: Advanced Strategies for Arguing Damages to a Jury

    1. Voir Dire and Jury Selection: Ask the Right Questions and Choose Carefully
    2. Reptile Theory in Practice
    3. Opening Statement Strategies
    4. Creative Insights for Evidence and Witness Examination
    5. Practical Tips for Closing Arguments and Jury Instructions
    6. Punitive Damages on Trial

  8. Minimizing and Eliminating Liens on the Settlement

  9. Legal Ethics

    1. Conflicts of Interest
    2. Attorneys’ Fees
    3. Handling Client Funds
    4. Confidentiality and Privilege
    5. Fairness, Honesty, and Respect

Who Should Attend

This program is designed for attorneys.

Speakers

H. Asby Fulmer III
H. Asby
Fulmer, III
Fulmer Law Firm, LLC
Joshua C Offenhartz
Joshua C.
Offenhartz
Kahana Feld
Peter Richard
Peter
Richard
Garmey Law
Daniel A Leister
Daniel A.
Leister
Lewis Brisbois
Speaker bio
H. Asby Fulmer III

H. Asby Fulmer, III

Fulmer Law Firm, LLC
H. Asby Fulmer

is a sole practitioner of the Fulmer Law Firm, LLC in Summerville, South Carolina, with offices in both South Carolina and North Carolina. His practice areas include automobile accidents, premise liability, medical malpractice, workers' compensation and catastrophic injuries. Along with numerous brain injury cases, Mr. Fulmer has litigated cases not only in South Carolina, but multiple other states as well. He is admitted to the South Carolina Bar and is a member of the Dorchester County Bar Association. Mr. Fulmer earned his B.A. and J.D. degrees from the University of South Carolina.

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Speaker bio
Joshua C Offenhartz

Joshua C. Offenhartz

Kahana Feld
Joshua Offenhartz

is an associate with Koeller Nebeker Carlson Haluck LLP in the Phoenix office. He is a business attorney who represents clients in the finance, medical, construction, real estate and culinary industries. Mr. Offenhartz has significant experience managing all phases of litigation, including preliminary investigations, discovery, depositions, settlement negotiations, mediation, motions for summary judgment, trial and appeals. Additionally, he serves as outside counsel for several small, medium and growing businesses that need day-to-day legal advice for their growing companies. Mr. Offenhartz is a member of Madison School District's Financial Advisory Board and a board member of the Desert States Region of Jewish National Fund. He supports the Phoenix Art Museum as a member of the Men's Art Council; and helps others by volunteering with Big Brothers and Big Sisters of Arizona, Saint Mary's Food Bank and the Wounded Warrior Project. Mr. Offenhartz earned his B.S. degree in public administration from the University of Arizona and his master's and J.D. degrees from Arizona State University. He is licensed to practice law in Arizona; and before the Southern District Court, District of Arizona; and Southern Court of Appeals, Ninth Circuit.

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Speaker bio
Peter Richard

Peter Richard

Garmey Law
Peter Richard

is a trial attorney with Garmey Law. He practices primarily civil litigation, handling personal injury, premises liability, motor vehicle, medical malpractice, product liability, and financial consumer litigation cases. Mr. Richard also has handled high-profile criminal cases and trials, including being appointed to the Maine Homicide Specialized Case Panel. He has been featured by the media as a legal expert for high-profile criminal cases and regularly teaches CLE seminars on litigation tactics and trial advocacy. Mr. Richard earned his J.D. degree from the University of Maine School of Law.

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Speaker bio
Daniel A Leister

Daniel A. Leister

Lewis Brisbois
Daniel Leister

is a partner in the Cleveland office of Lewis Brisbois and a member of the general liability practice and appellate practice. He is an experienced litigator and trial attorney with more than a decade of experience handling a wide range of cases, primarily in Ohio and Pennsylvania. Mr. Leister's litigation experience includes commercial/business litigation, medical malpractice, insurance defense, insurance coverage, contract disputes, trade secret misappropriation, real estate land disputes, construction project disputes, workplace injuries, employment contracts, ADA compliance, HIPAA violations/compliance, defamation, discrimination, and class actions. He earned hid B.A. degree, cum laude, from Ohio University; and his J.D degree, magna cum laude, from the University of Akron.

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