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This program focuses on effectively navigating cases involving "eggshell" plaintiffs. Eggshell plaintiffs are individuals who, due to their pre-existing vulnerabilities or conditions, may potentially suffer more severe injury than an average person would. This seminar will provide both plaintiff and defense attorneys with practical strategies and best practices for representing and defending, identifying key legal considerations, mitigating potential challenges, persuasive defense arguments, and perspectives from a professional jury consultant. Whether you're a seasoned litigator or new to handling such cases, this seminar offers valuable insights to enhance your legal expertise and better serve your clients.
AGENDA 8:30 A.M. Registration for In-Person Registrants
8:45A.M.Login Time Opens for Webcast Registrants
8:55A.M.Welcome and Introduction Teresa L. Todd, Program Chair
9:00A.M.Segment One: - What is an “eggshell plaintiff”?
- Types of “eggshell plaintiffs” People with pre-existing non-symptomatic conditions People with pre-existing symptomatic conditions with prior medical treatment People who have serious medical conditions that are not related to the injuries for which they are making a claim People who were disabled due to other conditions before their injury – Social Security Disability beneficiaries People to whom surgery or other treatment had been recommended before their injury
- Indiana case law - Jury Instructions - Discovery rules
- Client intake – screening the case - Initial case preparation Obtaining the Plaintiff’s medical records – prior to and since injury Evaluating the Plaintiff
10:30A.M.Coffee Break 10:45A.M. Segment Two:
- How insurance carriers and defense attorneys view these cases – initial reactions
- Framing the issue / argument Plaintiff’s perspective Defense perspective - A jury consultant’s perspective Voir dire Opening statement Exhibits Final argument
12:15 P.M. Lunch Break (on your own) 1:15P.M.Segment Three:
- Using a Plaintiff’s pre-existing conditions to Plaintiff’s advantage More susceptible / vulnerable to a more serious injury Easier to injure and more difficult to recover from injury Low impact, minimal property damage collisions - The Use of Lay Witness Testimony Regarding the Plaintiff's Injury
- Plaintiff’s Answers To Interrogatories - Preparing the Plaintiff to be deposed
- Deposing the Plaintiff
- Medical Experts - Plaintiff's Perspective Educating the expert regarding the law Explanation of mechanism of injury How trauma renders a pre-existing non-symptomatic condition symptomatic How trauma aggravates a pre-existing symptomatic condition Treatment (including future treatment) with and without the injury / trauma for which the Plaintiff seeks recovery The Plaintiff who would eventually have needed surgery (or other treatment) without any trauma Prognosis – permanency of symptoms and effects on activities with and without the injury / trauma for which the Plaintiff seeks recovery
- Medical Experts - Defense Perspective Deposing the Plaintiff's Treating Physicians Medical Records Reviews Trial Rule 35 Examinations
- "Stock Questions" for Medical Experts 2:45P.M.Refreshment Break
3:00P.M.Segment Four: - Biggest mistakes Plaintiff’s attorneys make handling these cases Plaintiff’s counsel’s perspective Defense counsel’s perspective - Best / most effective plaintiff’s arguments and how to counter them
- Most persuasive /effective defense arguments
and how to counter them
4:30P.M.AdjournTo receive CLE credit for an ICLEF On-Demand or a LIVE WEBCAST seminar, you must watch the program in its entirety. ICLEF is unable to award partial CLE credit for viewing ICLEF On-Demand or LIVE WEBCAST seminars. You will have 30 days from the date-of-purchase to complete your ICLEF distance learning seminar. If you are unable to complete the LIVE WEBCAST seminar on the scheduled date of the seminar, ICLEF will place a copy of the ON DEMAND version of the program in your ICLEF Online Account three (3) to five (5) business days after the LIVE WEBCAST concludes. Please call or email ICLEF should you have further questions (317) 637-9102 oriclef@iclef.org
6 CLE
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