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Damages and Liens in Personal Injury

National Business Institute
December 19, 2019

For more information or to register, click here.

Value Claims, Reduce Liens, Negotiate Settlements, Litigate Damages and More

Many factors can affect the value of a personal injury settlement or jury verdict. Some are out of anyone's control, but much of it boils down to the skills of the attorneys handling the case. How is your damages game? Do you know how to negotiate and minimize the impact of liens on the settlement? Shore up your negotiation and litigation techniques in this full-day program. Our seasoned plaintiff and defense attorney faculty will teach you how to get better settlements and verdicts for your clients. Gain practical how-to's and pointers for your next case - register today!


  1. Calculating Damages
    9:00 - 9:45, Marvin S. Haber 
    1. How Insurance Adjusters Calculate Damages
    2. Valuing Injuries and Expenses
    3. Applying the Collateral Source Rule
    4. Quantifying Lost Wages and Earning Capacity
    5. Calculating Pain and Suffering Damages
    6. Case Law and Developing Trends in Damages
  2. Investigating Insurance Coverage and Liens
    9:45 - 10:45, Richard C. DeFrancesco 
    1. Finding Sources of Coverage
    2. Liens: Types, Must-Know Statutes and Case Law
    3. Overview of the Lien Resolution Process
    4. Determining if Any Liens Apply to Your Case
    5. Evaluating Validity, Reimbursement Rights and Priorities
    6. Communicating with Lien Claimants
  3. Medicare and Medicaid: Navigating the Rules and MSPR Portal
    11:00 - 12:00, Jane M. Fearn-Zimmer 
    1. Understanding the Medicare Secondary Payer Act
    2. Handling Medicare Liens: Traditional Medicare, Medicare Part D and Medicare Advantage Plans
    3. Navigating the Medicare Secondary Payer Recovery Portal
    4. Medicare Set-Asides
    5. Medicaid Overview and Rights of Recovery
    6. Handling Medicaid Third-Party Recovery
  4. Negotiating with Adjusters and Maximizing Trial Verdicts
    1:00 - 1:45, Mark S. Kardos 
    1. Drafting Demand Letters
    2. Negotiating with the Insurance Company
    3. Building Your Case in Discovery
    4. Deposing and Cross-Examining Defense Doctors
    5. Evidence Techniques
    6. Using Experts and Lay Witnesses
    7. Proving Damages at Trial
  5. The Defense Perspective: Minimizing Damages
    1:45 - 2:30, Elizabeth A. Pope 
    1. Investigation and Discovery - Finding Holes and Inconsistencies
    2. Using IMEs and Defense Doctors
    3. Deposing Plaintiffs and Treating Doctors
    4. Agreeing on a Settlement and Preparing Releases
    5. Managing Risk of Excess Judgment
    6. Effective Motion Practice
    7. Limiting Damages at Trial
  6. How to Negotiate and Reduce Liens
    2:45 - 3:30, Marvin S. Haber 
    1. Addressing Unrelated/Unreasonable Charges and Copays
    2. Common Defenses and Arguments to Deal with Liens
    3. Handling Medical Provider/Hospital Liens
    4. Negotiating ERISA/Health Coverage Reimbursement Claims
    5. Government Employee Insurance Plans
    6. Workers' Compensation and Other Liens - What to do
    7. Discharging Liens
  7. Legal Ethics
    3:30 - 4:30, Marvin S. Haber 
    1. Managing Client Expectations
    2. Avoiding Conflicts of Interest
    3. Expert Witness Ethics
    4. Liens: Your (and Clients') Obligations
    5. Ethically Negotiating Settlement and Lien Reductions
    6. Handling Settlement Funds

Date and Time

Thursday, December 19, 2019
9:00 AM - 4:30 PM Eastern


Courtyard by Marriott Philadelphia City Avenue
4100 Presidential Boulevard
Philadelphia, PA 19131



Approved for 7.2 NJ CLE (including 1.2 Ethics) credits

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