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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!
- 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
- Insurance Coverage Research and Negotiations With the Claims Representatives
- Initial Filing and Discovery, Experts, and Evidence
- Arbitration and Litigation: Preparation Tips and Hearing Strategies
- Bad Faith
- Ethics
- Damages, Liens, and Subrogation in Settlement Negotiations
Credit Details
Credits Available
| Credit | Status | Total | Until |
|---|---|---|---|
| New Jersey CLE |
|
7.2 Total | 08-15-2026 |
| New York CLE |
|
7 Total | 08-29-2027 |
| Pennsylvania CLE |
|
6 Total | 08-29-2026 |
| West Virginia CLE |
|
7.2 Total | 08-29-2026 |
Select Jurisdiction
CLE
Agenda
-
Insurance Coverage Research and Negotiations With the Claims Representatives
- Case Intake, Pre-Suit Investigation Tips
- 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
-
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
-
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
-
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
-
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
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
Evan Aidman
is the founder and principal of the Law Offices of Evan Aidman in Philadelphia, where he practices as a trial lawyer handling personal injury and wrongful death cases. Mr. Aidman began his legal career as a law clerk to the Honorable Samuel M. Lehrer of the Philadelphia Court of Common Pleas. He has lectured extensively on topics connected to personal injury litigation, most recently addressing Drexel law students on the topic of opening a personal injury practice. Mr. Aidman previously served as an adjunct professor at Peirce College, where he taught civil litigation. He is licensed to practice law in Pennsylvania and New Jersey. Mr. Aidman has written four books for lawyers and litigants, the most recent being Winning Personal Injury Cases, A Practical Guide for Lawyers, published by the American Law Institute in October, 2011. He also serves on the Editorial Board of Verdict Magazine, a publication of the Philadelphia Trial Lawyers Association. Mr. Aidman has served as an arbitrator, mediator, and judge pro tem of legal disputes on many occasions since 1984. This work involves state court, federal court, and administrative regulation through the Financial Industry Regulatory Authority (FINRA), the largest independent regulator for all securities firms in the United States. He is a member of the Philadelphia Bar Association, Philadelphia Trial Lawyers' Association, Pennsylvania Bar Association, and the Pennsylvania Trial Lawyers' Association. He earned his B.A. degree from the University of Florida and his J.D. degree from the University of Pennsylvania Law School.
Speaker bio
Alexander J. Jamiolkowski
is a partner in the Pittsburgh law firm of Egan & Jamiolkowski. His practice is concentrated in the areas of plaintiff's personal injury, products liability, and commercial and insurance litigation. Mr. Jamiolkowski has lectured to various professional groups on topics relating to his practice of law. He has litigated cases in both state and federal trial courts throughout Pennsylvania, in the appellate courts of the Commonwealth of Pennsylvania, as well as the U.S. Court of Appeals for the Third Circuit. Mr. Jamiolkowski is a member of the Allegheny County Bar Association. He earned his B.A. degree from the University of Scranton and his J.D. degree from Duquesne University School of Law.
Speaker bio
Charles I. Consagra
is of counsel with Needle Law Firm, where he concentrates in the field of administrative law, with primary specialty in the areas of workers' compensation, unemployment compensation, and Social Security. Since 1978, Mr. Consagra has been a part-time faculty member at Keystone College as an instructor in the areas of education, behavioral sciences, criminal justice, and business law. He is an instructor in business for graduate students through Marywood University. Mr. Consagra earned his B.A. degree, magna cum laude, from the University of Scranton; and his J.D. degree from Seton Hall University School of Law. He earned his Master of Arts degree in counseling psychology and his Master of Science degree in Ed from Marywood University. Mr. Consagra also holds a M.Div degree and Ph.D. degree (all but dissertations).
Speaker bio
Dawn C. Doherty
is a senior partner with Marks, O'Neill, O'Brien, Doherty & Kelly, P.C. She developed the firm's professional liability practice, which defends both institutional and individual defendants from the areas of behavioral health, nursing home and home healthcare, traditional medical negligence matters, physicians, hospitals, group practices, free standing clinics and outpatient facilities, as well as legal malpractice. Ms. Doherty is an active lecturer for the Delaware State Bar Association, Pennsylvania Bar Association and National Business Institute on issues involving insurance coverage disputes. She maintains a practice in both states in this area, as well as representing carriers in their capacity as excess insurer; assuming defense trial responsibilities at the point of tender through verdict in Pennsylvania, New Jersey, Delaware and Maryland, or monitoring and negotiating matters during trial. In the last several years, Ms. Doherty has developed a multijurisdictional trial practice representing insureds as National Trial Counsel. She is a member of Pennsylvania, New Jersey State and Delaware State bar associations; Court of Appeals, District of Columbia 1998; United States District Court of Delaware 1993; United States District Court of New Jersey 1987; United States District Court for the Eastern District of Pennsylvania 1987; and Washington, D.C. District Court 1988. Ms. Doherty earned her B.A. degree, summa cum laude, from LaSalle University and her J.D. degree from Temple University School of Law.
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