This will be a general overview of topics relevant to lawyers new to representing individuals in personal injury cases. We’ll cover intake through trial, with suggestions for further study while we are on the journey from achieving competence to mastery in this rewarding area of law practice. While we won’t generally cover working with experts, comparative fault, apportionment, disputed liability, or complex personal injury litigation such as medical malpractice or products liability in any detail, there will be time for questions on those topics if desired.
Key topics to be discussed:
Best practices for intake and settlement to protect your law license
Informal and formal discovery for effective presentation at trial to tell your client’s story and deal with problems in your case
Preparing for and Presenting at Trial
Date: October 25, 2022
Ryan Babcock | The Babcock Law Firm, P.C.
Ryan Babcock is a trial attorney with The Babcock Law Firm, P.C., in Brunswick, Georgia, representing seriously injured plaintiffs in all types of personal injury matters. He is admitted to practice in Georgia and Ohio, and he has tried cases in state and federal courts throughout the state of Georgia. Prior to starting his own law firm, he worked for several years as a law clerk to U.S. District Judge Anthony A. Alaimo, and worked for several years in Atlanta, Georgia, representing corporate defendants in product liability, trucking, premises, and business litigation cases, in cases pending around the country.
I. Intake | 12:00pm – 12:15pm
II. What evidence do you need to gather quickly, and where can you find it? | 12:15pm – 12:25pm
III. Investigating Damages, Negligence, and Insurance | 12:25pm – 12:40pm
Client Interview and Initial Investigation
How Much is the Case Worth?
Insurance Available and Coverage Issues
Get Letter of Representations out
IV. Demand Letters and Negotiations with Insurance Adjusters | 12:40pm – 1:00pm
Your Demand Letter or Package
Negotiating With Insurance Companies
Settlement and Release Agreement
Break | 1:00pm – 1:10pm
V. Written Discovery: Responding and Using Effectively | 1:10pm – 1:15pm
VI. Depositions | 1:15pm – 1:25pm
VII. Handling Liens and Disbursement Issues | 1:25pm – 1:40pm
Understanding Lien Rights and Options under ERISA
Are General Damages Subject to a Lien?
Ahlborn and Key Case Law
Settlement Designations and Allocations
Working with Vendors to handle Medicare Set Aside Determinations
VIII. Personal Injury Trials | 1:40pm – 2:00pm
Trial Preparation Timeline and Checklist
Order of Proof
Motions in Limine
IX. How do you determine if a judgment is collectible? | 2:00pm – 2:10pm