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CLE: Personal Injury Fundamentals - April Friday Luncheon Series
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CLE: Personal Injury Fundamentals - April Friday Luncheon Series

4/4/2014

When: Friday
11:30 AM - 1:00 PM
Where: MCBA
303 E. Palm Ln.
Phoenix, Arizona  85004
United States
Presenter:
Frank Moskowitz, Berk & Moskowitz, P.C.
Contact:
Bree Boehlke

Phone: 602.682.8588

Registration Information
Online registration is closed.
Details

Sponsored by the Personal Injury Law Section.  Lunch is provided.

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PI Law members, when registering for the Series, please use promo code PISER; when registering for Sessions, please use promo code PISES, to receive your Section discount.

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April 4, 2014  Session I    --   Intake and Retention - 1.5 Hours

One of the most important aspects of doing personal injury work is deciding whether to take a case, especially if you are taking it on a contingency fee basis. Some of the more important issues to consider are basic: (1) clearing any conflicts of interest; (2) identifying who you represent or can represent, especially if there is more than one plaintiff in an accident that seeks your representation;  (3) identifying potential defendants; (4) knowing the applicable statutes of limitation; and (5) assessing your potential client(s) at the initial meeting and making sure you obtain as much underlying  information as possible to help you assess the merits and value of the case. Once you get the information and you decide to take the case, you are ethically required to document your retention with a written fee agreement. If you decide not to take the case, you should send a declination letter.   

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April 11, 2014 Session II  --   Investigation - 1.5 Hours

Because "the devil is often in the details," it is important to conduct a thorough investigation of your case.  This means you should obtain and review all the key documents, which often include insurance policies (liability, UIM/UM, MedPay, health), police, fire, and EMT records, medical and billing records, and employment records (if lost earnings are at issue). The assistance of a private investigator can often be of use to discover, among other things, a defendant's assets and liabilities, as well as civil and criminal backgrounds. The more you know and the sooner you know it, the better position you will be in to settle or effectively try your case. Depending on the case, experts and other consultants may be needed to investigate the claim.


April 18, 2014 Session III – Complaint, Discovery, Settlement and Liens - 1.5 Hours


It is important to get an early handle on the appropriate legal claims to include in your Complaint. Once the lawsuit is filed, you need to get a handle on what facts you have and still need to prove those claims. This can be critical to understanding the strength of your case and its settlement value. This also helps you formulate your discovery plan. Often times, the strength and correlating value of a case cannot be determined until after motions for summary judgment are decided. Thus, you need to make sure you have sufficient facts to overcome a motion for summary judgment. Other times, the amount of available insurance and the defendant's personal finances determine the settlement value of a case. But no matter the settlement, you must always be aware of, take into consideration, and ethically dispose of any applicable liens that attach to a personal injury settlement.

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April 25, 2014 Session IV --   Trial - 1.5 Hours


Unfortunately trial consists of way more than the fun time in court presenting the case to a jury. The pre-trial work is often the key to success. We will discuss what is involved, including Motions in Limine, the Joint Pretrial Statement and Conference, Marking Exhibits, Proposed Jury Instructions, Verdict Forms, Voir Dire Questions and Jury selection.


 
 

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