Personal Injury Problem

MICPEL, the Maryland State Bar Association Sections of Litigation and Negligence, Insurance & Workers’ Compensation In cooperation with The University of Baltimore School of Law and The University of Maryland School of Law Present: “SOUNDS LIKE A PERSONAL INJURY PROBLEM” ANSWERS AND ADVICE TO HELP YOU AVOID PI CASE PITFALLS FROM THE AUTHORS OF MARYLAND TORT DAMAGES, 6TH EDITION Friday, February 16, 2007 9:00 a.m. - 1:15 p.m. Ecker Business Training Center 6751 Columbia Gateway Drive Columbia, Maryland 4 HRS CLE Topics to Be Covered Include . . . Ø Proving & Recovering General & Special Damages Ø Handling Wrongful Death & Survival Actions & Beneficiaries Ø Pleading & Proving Entitlement to Punitive Damages in Appropriate Cases Ø Finding and Using Experts & Presenting Expert Testimony to Prove Causation & Damages Ø Dealing with the Maryland Uniform Contribution Among Joint Tortfeasors Act, the “Maryland Problem,” and the Dangerous Effects of Joint Tortfeasor Releases Ø Understanding the Applicability of the Statutory Limitation “Cap” on Noneconomic Damages to Specific Causes of Action “SOUNDS LIKE A PERSONAL INJURY PROBLEM” ANSWERS AND ADVICE TO HELP YOU AVOID PI CASE PITFALLS FROM THE AUTHORS OF MARYLAND TORT DAMAGES, 6TH EDITION What you will learn & why you should attend... This program provides a rare opportunity for you to get answers and advice on how to handle some of the most critical aspects of personal injury claims from a “dream team” of experienced, effective trial lawyers and one of Maryland’s ablest appellate jurists. The distinguished members of this program faculty also happen to be the authors of Maryland’s most authoritative treatise on the legal issues and practical considerations surrounding the proof and recovery of tort damages in Maryland - Maryland Tort Damages, 6th Edition. Program attendees will have the option of purchasing a copy of the 2006 6th Edition of Maryland Tort Damages as part of your registration package, at a 50% discount on the regular cover price of the book. The list of thorny issues and confounding questions on the agenda could send chills down the spine of most attorneys handling personal injury claims. But, with the insight and advice of the authors/presenters, you are certain to leave this program well armed to find your way around the potential pitfalls in these six major areas of personal injury practice: Proving & Recovering General & Special Damages; Handling Wrongful Death & Survival Actions & Beneficiaries; Pleading & Proving Entitlement to Punitive Damages in Appropriate Cases; Finding and Using Experts & Presenting Expert Testimony to Prove Causation & Damages; Dealing with the Maryland Uniform Contribution Among Joint Tortfeasors Act, the “Maryland Problem,” and the Dangerous Effects of Joint Tortfeasor Releases; and Understanding the Applicability of the Statutory Limitation “Cap” on Noneconomic Damages to Specific Causes of Action. FACULTY Patrick G. Cullen, Esq. Rollins, Smalkin, Richards & Mackie, L.L.C. Baltimore Gerald I. Holtz, Esq. Gerald I. Holtz, LLC Rockville Robert R. Michael, Esq. Shadoan, Michael & Wells, LLP Rockville Gregory K. Wells, Esq. Shadoan, Michael & Wells, LLP Rockville “SOUNDS LIKE A PERSONAL INJURY PROBLEM” AGENDA 8:00 – 9:00 a.m. Registration & Continental Breakfast 9:00 – 9:10 a.m. Welcome, Introductions & Overview 9:10 – 10:00 a.m. Proving & Recovering Damages in Personal Injury Actions Discussion leaders: Gerald I. Holtz & Gregory K. Wells, with Patrick G. Cullen & Robert W. Michael Ø A Quick Review of General & Special Damages in PI Cases Ø Can recovery be had for gratuitously furnished medical care, e.g. family nursing services? Ø How to prove loss of earning capacity for a self-employed individual. Ø What damages can be recovered for a living plaintiff who faces the prognosis of an early death from a tortfeasor's negligence? (And how certain must the prediction of an early death be?) Ø How conscious must a tort victim be in order to be compensated for pain and suffering? 10:00 – 10:50 a.m. Wrongful Death & Survival Actions & Beneficiaries – Some Gray Areas, Some Solutions? Discussion leader: Gerald I. Holtz, with Patrick G. Cullen, Robert W. Michael & Gregory K. Wells Ø A Quick Review of the Basics Ø How to deal with use plaintiffs in wrongful death actions. Ø Can an adult child bring a wrongful death action subsequent to the conclusion of the living plaintiff's case and following the living plaintiff's death? Ø Does an adult child have a claim for the death of a parent, and if so, how valuable is it? Re: Loss of solatium - overcoming practical problems in obtaining an adequate recovery for an adult child or the parent of a deceased adult child. Ø What should one do about the surviving widow who has remarried or is about to remarry? 10:50 – 11:00 a.m. Break 11:20 a.m. – 12:20 p.m. Finding and Using Experts & Presenting Expert Testimony to Prove Causation & Damages Discussion leaders: Patrick G. Cullen & Gregory K. Wells, with Gerald I. Holtz & Robert W. Michael Ø When is expert testimony required? A Quick Review of the Daubert Doctrine & Maryland’s Frye-Reed Test in Proof of Tort Causation & Damages. Ø When is medical causation opinion testimony so speculative as to be stricken under Maryland's version of the judicial "gate keeper" function? Ø Proving future loss of earning capacity: when to use a vocational rehabilitation expert and/or an economist. Ø Future economic losses: when and how to use a life care planner. Ø Practical advice for finding the right expert, listing her/his past experiences; disclosing her/his financial compensation; special considerations re: multi-specialty experts Ø Bonus topic: Complying with the new certification requirements in medical malpractice cases. 12:20 – 1:00 p.m. The Maryland Uniform Contribution Among Joint Tortfeasors Act, the “Maryland Problem,” and the Dangerous Effects of Joint Tortfeasor Releases Discussion leader: Robert W. Michael, with Patrick G. Cullen, Gerald I. Holtz & Gregory K. Wells Ø A Quick Review of MUCAJTA Ø What are the traps of joint tortfeasor releases and how may they be avoided? 1:00 – 1:15 p.m. The Applicability of the Statutory Limitation “Cap” on Noneconomic Damages to Specific Causes of Action Discussion leader: Robert W. Michael, with Patrick G. Cullen, Gerald I. Holtz & Gregory K. Wells Ø Application of the statutory cap in medical malpractice cases - proof of when the cause of action arose. Ø Loss of solatium claims: how does the statutory cap effect multiple claimants? 1:15 p.m. Adjourn 11:00 – 11:20 a.m. Punitive Damages – A Quick Review Discussion leader: Patrick G. Cullen, with Gerald I. Holtz, Robert W. Michael & Gregory K. Wells Ø In what tort actions may punitive damages be recovered based on clear and convincing proof of defendant’s actual malice? Ø What is the relationship between compensatory and punitive damage awards & what about the post-verdict review? ABOUT THE BOOK Maryland Tort Damages, 6th Edition Edited by George W. Shadoan, Esq., Contributing Authors: Patrick G. Cullen, Esq.; Honorable James R. Eyler; Alvin I. Frederick, Esq.; Gerald I. Holtz, Esq., Patrick A. Malone, Esq., Robert R. Michael, Esq. Maryland Tort Damages has been the leading authority on how to handle the important legal issues and practical considerations surrounding tort damages, since the first edition was published in 1979. Now, for the first time since 2000, Maryland Tort Damages has been completely updated to cover all of the most important developments in tort law. The overall format, organization and approach of Maryland Tort Damages have remained constant through six editions. Maryland Tort Damages is succinct and to the point. It is not a dissertation of theoretical principles and policy considerations, but a practical, factual, easy-to-access reference book on the types of damages that are available under Maryland tort law and the kind of evidence - including expert testimony - that is required to prove these damages. The experienced and accomplished authors of Maryland Tort Damages have brought their collective knowledge and wisdom to bear on the crucial aspects of damages and readers of this new 6th Edition will be the beneficiaries of their expertise on how to deal with the real-life substantive and procedural issues that attend all tort cases. Maryland Tort Damages is comprehensive in scope, yet only 266 pages in length. The book is meticulously researched and clearly written. The six chapters of Maryland Tort Damages include: Damages in Personal Injury Actions – special damages; general damages; interference with marital relationship (loss of consortium); the statutory limitation (cap) on noneconomic damages; inadequate/excessive damages; Wrongful Death & Survival Actions – wrongful death; survival act claims; Damages Peculiar to Certain Torts – common law torts; statutory/constitutional actions; Punitive Damages: Rules and Applications – rationale; actions in which punitive damages are allowed; malice requirement; relationship between punitive and compensatory awards; jury considerations; post verdict review; insurance coverage for punitive awards; Expert Testimony in Proving Damages – circumstances requiring expert testimony; economist testimony; the role or non-role of annuitists; the Daubert Doctrine in proof of tort damages; The Effect of Joint Tortfeasor Releases – right of contribution; effect of release on plaintiff ’s claim; effect of release on right of contribution; indemnity; Mary Carter Agreements. Cover price: $89 Inv. code #2072-06 Pub date: April 2006 Pages: 266 REFUND AND CANCELLATION POLICY Telephone, fax and e-mail registrations, accompanied by a credit card authorization, and regular mail registrations, accompanied by a check or credit card authorization, will be accepted until 5:00 p.m. two (2) days before all regular full-day and half-day programs. Registrations at the door will be accepted for regular full-day and half-day programs, but please call to verify availability, date, time, and location. MICPEL reserves the right to cancel or reschedule any program and will notify registrants at least 24 hours in advance of such cancellation or rescheduling. Full refunds, less $20 for administrative expense, will be made for cancellations received by 5:00 p.m. the day before regular full-day and half-day programs. If you register for regular full-day and halfday programs, but do not attend or cancel, you will receive the course materials following the program in full consideration of tuition paid. ACCREDITATION For Live Programs: MICPEL is an accredited sponsor in Pennsylvania, Delaware, and Virginia. MICPEL courses are also routinely approved for credit in every other MCLE jurisdiction in the United States. If you need credit from other states or organizations, you will be given a certificate of attendance for filing. Certificates of attendance will be issued at the end of the live program. For Video Replays: Virginia MCLE guidelines require another attorney must be present to view the video and sign the certificate of attendance. MICPEL cannot guarantee more than one attorney will be present at a replay. Certificates of attendance will be issued at the end of the video replay. SCHOLARSHIPS & REDUCED FEE REGISTRATIONS Scholarships and reduced fee registrations for pro bono volunteers and full-time public interest lawyers are available through the Pro Bono Resource Center (PBRC). Call 410.837.9379 for more details. NEED SPECIAL ACCOMMODATIONS? If you need special accommodations, please contact MICPEL at least five (5) days prior to the start date of the course so we can make appropriate arrangements. Call 410.659.6730 to make these arrangements. INCLEMENT WEATHER POLICY Should inclement weather or other emergencies necessitate the delay or cancellation of a MICPEL program, an announcement of the delay or cancellation will be posted at www.micpel.edu no later than 6:30 am on the date of the program. Emergency or weather related delays/cancellations will also be announced no later than 6:30 am on the date of the program on MICPEL’s voicemail “program information telephone line” accessed by dialing 410.659.6730 ext. 2. Registration Form Course No. 07-4101 “SOUNDS LIKE A PERSONAL INJURY PROBLEM” - ANSWERS AND ADVICE TO HELP YOU AVOID PI CASE PITFALLS Src. Code D7C026 4 Easy Ways to Register: 1. FAX your credit card registration to: (410) 659-0647 2. Mail your registration form with check or credit card info to o This is a new address. Customer ID Number (from right corner of mailing label): Name: Firm: Address: City/State: Phone: E-Mail: Area of Practice: Are you taking this course for credit? o Yes o No Suite: Zip: Fax: 520 West Fayette Street, Suite 300, Baltimore, MD 21201 3. Call in your credit card registration to: (410) 659-6730, Monday-Friday, 8:00 am to 5:00 pm 4. Register at the door. Please call ahead to confirm date, time, location and space availability. o I have already pre-registered by FAX, this is my original. (for check payments only) Live Program: o Friday, February 16, 2007 Columbia, MD, 9:00 a.m. - 1:15 p.m. Video Replays: 9:00 a.m. - 1:15 p.m. both locations o o o o March 9, 2007 - Baltimore - MICPEL Offices March 16, 2007 - Baltimore - MICPEL Offices April 6, 2007 - Rockville - Circuit Court Law Library, Rm. 326 April 13, 2007 - Rockville - Circuit Court Law Library, Rm. 326 Payment Method: o o o Check No. *Credit Card Required for Fax Registration Flex/Select Pass No. Charge to: o Visa o MC o AMEX Exp. Date: Card Number: Cardholder’s Name: Tuition for Program and Your Copy of Maryland Tort Damages, 6th Edition (2006) MSBA Young Lawyer Section Members MSBA Litigation Section Members MSBA Negligence, Insurance & Workers’ Compensation Section Members MSBA Members All Others MICPEL Flex/Select Pass Holders Video Replay PA MCLE Credit Fee ($2/hour) PA Bar. ID #________________ o $219 o $219 o o o o o o $219 $239 $269 $45 $219 $8 CVV #: _____ (VISA & MC last 3 digits on back of card, AMEX 4 digits on front) Signature: Payment: Amount Enclosed/Charged Please make checks payable to MICPEL. $ Note: Attendees who seek MCLE credit are required by most jurisdictions to obtain written materials. Tuition for Program ONLY Multiple registrants from the same office may share written materials; tuition for additional registrant(s) without materials is: MSBA Young Lawyer Section Members o $169 MSBA Litigation Section Members o $169 MSBA Negligence, Insurance & Workers’ Compensation Section Members o $169 MSBA Members o $189 All Others o $219 MICPEL Flex/Select Pass Holders o $0 Video Replay o $169 PA MCLE Credit Fee ($2/hour) o $8 PA Bar. ID #________________ MICPEL Maryland Bar Center, 520 West Fayette Street Suite 300 Baltimore, MD 21201-1756 CALL: (410) 659-6730 or FAX: (410) 659-0647 EMAIL: info@micpel.edu WEB: www.micpel.edu Too Busy to Attend? We also record our seminars so that they are available to you on audio tape, CD and DVD. Listen or watch at any time that is convenient for you! Manual, Audio Tapes, CDs and DVDs are available thirty (30) days after course date. o Maryland Tort Damages, 6th Edition $100.95* (Inv. #2072-06) o Audio Tapes and Maryland Tort Damages, 6th Edition $174.45* (Inv. #2927-07) o CDs and Maryland Tort Damages, 6th Edition $174.45* (Inv. #2928-07) o DVDs and Maryland Tort Damages, 6th Edition $216.45* (Inv. #2929-07) *Price includes tax and shipping Maryland Tort Damages, 6th Edition Edited by George W. Shadoan, Esq., Contributing Authors: Patrick G. Cullen, Esq.; Honorable James R. Eyler; Alvin I. Frederick, Esq.; Gerald I. Holtz, Esq., Patrick A. Malone, Esq., Robert R. Michael, Esq. Published April 2006 Get 50% Off the Cover Price when you attend “SOUNDS LIKE A PERSONAL INJURY PROBLEM” ANSWERS AND ADVICE TO HELP YOU AVOID PI CASE PITFALLS FRIDAY, FEBRUARY 16, 2007 IN COLUMBIA, MARYLAND FRIDAY, FEBRUARY 16, 2007 COLUMBIA, MARYLAND FROM THE AUTHORS OF MARYLAND TORT DAMAGES, 6TH EDITION “SOUNDS LIKE A PERSONAL INJURY PROBLEM” ANSWERS AND ADVICE TO HELP YOU AVOID PI CASE PITFALLS www.micpel.edu The Maryland Institute for Continuing Professional Education of Lawyers, Inc. Maryland Bar Center 520 West Fayette Street, Suite 300 Baltimore, MD 21201-1756 Non-Profit Organization U.S. Postage PAID MICPEL