6 CLE - On Demand Seminar
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.
TOPICS:
Welcome and Introduction
- Teresa L. Todd, Program Chair
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
Segment Two:
- Client intake – screening the case
- Initial case preparation
Obtaining the Plaintiff’s medical records – prior to and since injury
Evaluating the Plaintiff
- How insurance carriers and defense attorneys view these cases – initial reactions
- Framing the issue / argument
Plaintiff’s perspective
Defense perspective
- 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
- Plaintiff’s Answers To Interrogatories
Segment Three:
- Preparing the Plaintiff to be deposed
- Deposing the Plaintiff
- Medical Experts
Educating the expert regarding the law
Explanation of mechanism of injury
Treatment (including future treatment) with and without the injury / trauma for which the Plaintiff seeks recovery
Prognosis – permanency of symptoms and effects on activities with and without the injury / trauma for which the Plaintiff seeks recovery
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
- Most persuasive /effective defense arguments and how to counter them
- A jury consultant’s perspective
Voir dire
Opening statement
Exhibits
Final argument
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FACULTY:
Teresa L. Todd, Chair
Attorney at Law, Indianapolis
Christopher D. Cody
Hume Smith Geddes Green & Simmons, LLP, Indianapolis
George "Jay" Hoffman III
Hoffman & Newcomb, Franklin
Amy Pardieck
Perceptual Litigation, LLC, Bloomington
Daniel M. Witte
Travelers Staff Counsel, Indianapolis
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6 CLE - On Demand Seminar
ICLEF • Indiana Continuing Legal Education Forum, Indianapolis, IN • Premier Indiana CLE