How do you assess the value of a personal injury claim?
Last Kick at the Can 2017
Monday, December 18, 2017
9:00 am – 4:30 pm
(Original date: Thursday, June 8, 2017)
Who should attend: This program is designed for junior lawyers, paralegals, and legal support staff who are seeking a comprehensive review of the essentials on how to assess and quantify a personal injury claim. Experienced lawyers will also find this to be a valuable refresher on the fundamentals of PI claim quantification.
Learning level: Fundamental/Intermediate
This advanced course for paralegals and lawyers will provide a high-level discussion regarding the various heads of damages in a personal injury claim, with a theme of quantification. The conference will begin with a client's story of catastrophic injury and how the legal team was instrumental in assisting this family through the legal process. Senior trial lawyers will discuss topics on proving and prosecuting pediatric brain injury, understanding the theory of your case, tips on quantification and legal research, and an overview of defences that impact an award of damages.
The legal principles of causation will also be highlighted, with a review of the CAP on non-pecuniary damages and relevant case law. The challenging subject of psychological injury will also be reviewed and analyzed, with specific discussion on chronic pain, pre-existing psychological issues, conversion disorder, somatic symptom disorder, and adjustment disorder.
The afternoon shifts focus to the many elements going into quantification of a claim including pecuniary damages, past and future income loss, functional capacity evaluations, vocational counseling, and cost of future care. We will conclude the day with an exercise in applying the topics of the day to a quantification of claim problem.
At this course you will learn:
- the importance of connecting with your client through advocacy, empathy, and compassion
- a greater in-depth knowledge of proving and prosecuting pediatric brain injury cases
- how to properly identify the theory of your case
- legal research and quantification tips
- key legal principles relating to various heads of damage
- defences that impact an award of damages, i.e.: contributory negligence, mitigation, etc.
- principles of causation
- a review of the CAP in Canada with a discussion on relevant case law
- assessing psychological injuries and chronic pain, conversion disorder, somatic disorder, and adjustment disorder
- information on past and future loss of income, loss of earning capacity, loss of housekeeping capacity, in-trust claims, and cost of future care
- tax gross up, management fees
- a discussion by experts on calculation of past and future wage loss and what to be aware of when gathering your evidence for assessment purposes
- a vocational expert will highlight the effect of injuries in the workplace and review physical requirements of occupation, future vocational options, and preparing your clients for assessment
- the importance of valuing your client's future care needs
- through a group workshop and review of a claim problem
CLEBC would like to thank BridgePoint Financial Group and Viewpoint Medical Assessments for their generous support in sponsoring this event.
Law Society of BC CPD Hours: 6.5 hours (For Rebroadcasts: a minimum of 1.25 hours will involve professional responsibility and ethics, client care and relations, and/or practice management)
Please note that the CPD hours of the rebroadcast may differ from the CPD hours of the original, live program.
Priscilla Cicek — Legal Assessment Specialist, Paralegal, BridgePoint Financial Services, Toronto
MaryAnn Reinhardt — Case Manager, Designated Paralegal, RDM Lawyers LLP, Abbotsford
||Last Kick at the Can Rebroadcast
Registration includes an electronic copy of the reference materials.
Please note: The CPD hours of the rebroadcast may differ from the CPD hours of the original, live program.
Webinar Archive: This course will be added to the Webinar Archive. See below to subscribe.
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