IN Specific

Personal Injury & Negligence

4.0

Advanced Auto Injury Litigation

Credits Available
Credit Status Total
West Virginia CLE Approved 7.2 Total
OnDemand
6 hours 8 minutes
Tina Baxter
Christine Hummel
Jennifer Davis
Joshua Offenhartz
With Tina M. Baxter from Baxter Professional Services, LLC + 3 others
Recorded November 01, 2024.
Product ID 99174

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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

  1. UM/UIM Coverage Conundrums and Negotiating with Difficult Adjusters
  2. Bad Faith Quandaries in Auto Injury Litigation
  3. Liens, Subrogation and Damages: Troubleshooting Key Problems
  4. Text Messages, Doctors, Collateral Sources and More: Discovery and Evidence Snags
  5. Jury Trial Complexities
  6. Legal Ethics Dilemmas
Product ID 99174

Credit Details

Credits Available
Credit Status Total
West Virginia CLE Approved 7.2 Total
Select Jurisdiction
CLE

Agenda

All times are shown in
  1. UM/UIM Coverage Conundrums and Negotiating with Difficult Adjusters

    1. UM/UIM Coverage Complexities
    2. Multiple Policies, Stacking and Set-Offs
    3. Conflict of Laws: PIP, UM, UIM, etc.
    4. Low Limits
    5. Coverage Denials
    6. Lowball Offers by Adjusters
    7. Insurance Adjusters Discounting Medical Bills
    8. Intentional Delay Tactics
  2. Bad Faith Quandaries in Auto Injury Litigation

    1. The Blurred Line Between Negligence and Intentional/Reckless Conduct
    2. Time-Limited Policy Limits Demands
    3. Unusual Acceptance Conditions in the Demand
    4. Investigation Problems: Too Far vs. Not Far Enough
    5. Delays and Low Settlement Offers: Defining "Unreasonable"
    6. Multiple Claimants, Minimal Limits
    7. Hotly-Contested Claims and Case Law
  3. Liens, Subrogation and Damages: Troubleshooting Key Problems

    1. Uncertain Law When Dealing with Third-Party Claims
    2. Hassles with Medical Care Providers’ Liens
    3. Subrogation Interests/Negotiation Difficulties
    4. Medicaid Lien, Medicare Lien and MSA Headaches
    5. Future Medical Cost Disagreements
    6. Diminished Future Earning Capacity Complications
    7. The Problem of Proving Pain and Suffering
    8. Monies in Excess of the Policy Limits
  4. Text Messages, Doctors, Collateral Sources and More: Discovery and Evidence Snags

    1. Getting all Needed Medical Records and Bills in a Timely Manner
    2. IME Problems
    3. Preexisting Conditions: Causation Proof and Doctor Testimony
    4. Causation Proof in Low/Moderate Impact Cases
    5. Counteracting Biomechanical Expert Testimony
    6. Medical Bills: Evidence of Reasonable Value and Admissibility of Collateral Sources
    7. Authenticating Texts and Social Media Posts
    8. Evidence of Drug/Alcohol/Prescription Drug Use
  5. Jury Trial Complexities

    1. Jury Selection/Voir Dire: Unraveling Juror Bias
    2. CRPS, TBI, etc.: Explaining Complex and Controversial Injuries
    3. Juror Attitudes in Soft Tissue or Minimum Impact Cases
    4. Exhibit Quandaries
    5. Cross-Examining the Difficult Witness
    6. Addressing Damages at Trial: Dilemmas for Both Sides
  6. Legal Ethics Dilemmas

    1. Conflicts of Interest Predicaments
    2. Insurance Defense Counsel Relationship with the Insured and Insurer
    3. Ethical Problems in Litigation and Settlements
    4. Attorney Fees and Client Trust Accounts
    5. Challenges of Preserving Client Confidentiality
    6. 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

Tina M Baxter
Tina M.
Baxter
Baxter Professional Services, LLC
Christine Hummel
Christine
Hummel
Hummel Consultation Services
Jennifer E Davis
Jennifer E.
Davis
Garan Lucow Miller, P.C.
Joshua C Offenhartz
Joshua C.
Offenhartz
Offenhartz Law PLLC
Speaker bio
Tina M Baxter

Tina M. Baxter

Baxter Professional Services, LLC
Tina Baxter

is an advanced practice registered nurse and a board certified gerontological nurse practitioner through the American Nurse Credentialing Center (ANCC), who resides in Anderson, Indiana. Ms. Baxter has been a registered nurse for over 25 years and a nurse practitioner for 16 years. She is the owner of Baxter Professional Services, LLC, a consulting firm which provides legal nurse consulting services for attorneys and insurance professionals; wellness and chronic disease management coaching; and customized educational and operational resources to healthcare organizations. She provides a weekly Facebook live program on business and health topics. Ms. Baxter teaches stress management strategies to clients of all ages and offers virtual as well as online classes. She is listed as Best Lessons for 2019 and 2020 from Lessons.com. Ms. Baxter is the founder of The Nurse Shark Academy, where she coaches nurses to launch and scale their businesses. She is the host of The Nurse Shark Academy show, which interviews and spotlights nurse business owners and leaders in healthcare. Ms. Baxter is a mentor with the Pass the Torch Foundation, and completed the inaugural class of Advancing Indy Women with IUPUI and the Kelley School of Business in conjunction with Linking Indy Women. She is an evangelist and pastor at Church Upon the Rock Missionary Baptist Church in Anderson, Indiana where she serves as director of outreach, church nurse, choir member, and is on the pastoral staff. Ms. Baxter has a Master of Nursing in Nursing Education and a post-master's as a gerontological nurse practitioner from the University of Indianapolis, Indianapolis, Indiana.

Speaker bio
Christine Hummel

Christine Hummel

Hummel Consultation Services
Christine Hummel

is the president and founder of Hummel Consultation Services, a national legal consultation practice specializing in the application of the Medicare Secondary Payer Act to workers' compensation, liability and no-fault cases. She is an active attorney with licensure in the state of Colorado. With more than 19 years of experience in Medicare compliance, Ms. Hummel is a published author and popular speaker on a wide array of topics related to Medicare compliance. She is a member of the American Bar Association (Health Law Section) and the Colorado Bar Association. Ms. Hummel's legal experience work includes Medicaid, probate and elder law. She donates a significant amount of time volunteering with the Federal Park Service, giving presentations on the roles of women during the American War of Independence. Ms. Hummel earned her B.S. degree from the University of Southern California and her J.D. degree from the University of Denver College of Law.

Speaker bio
Jennifer E Davis

Jennifer E. Davis

Garan Lucow Miller, P.C.
Jennifer Davis

is a partner with the law firm of Garan Lucow Miller, P.C., where she practices in the areas of appellate practice, auto negligence, commercial trucking negligence, construction defect, construction negligence, contract disputes, general liability litigation, insurance bad faith, insurance coverage disputes, personal injury, premises liability, and products liability. Ms. Davis is also a registered civil mediator. She is a former law clerk of the Indiana Court of Appeals, Judge Paul D. Mathias; and of the Allen Superior Court, Judge Paul Mathias, Judge Nancy Boyer and Judge Stanley Levine. Ms. Davis has also been a professor of paralegal studies at Ivy Tech State College, an adjunct professor at several other universities, and a lecturer for multiple seminars for Indiana continuing legal education. She is admitted to practice in Indiana and before the U.S. District Court, Northern and Southern districts of Indiana. Ms. Davis is also a member of the Indiana State and Lake County bar associations. She earned her B.A. degree from Indiana University at Bloomington and her J.D. degree, with honors, from Valparaiso University School of Law.

Speaker bio
Joshua C Offenhartz

Joshua C. Offenhartz

Offenhartz Law PLLC
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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