Auto Injury Claims From Start to Finish for Paralegals

Agenda / Content Covered

1. Case Intake, Coverage Interpretation, Issues and Hidden Treasures
   10:00 - 11:00, Antoinette B. VanSchaick
   1. Assisting in Initial Client Interview/Questionnaire
   2. Locating Liable Parties and Sources of Coverage
   3. Conducting a Thorough Driving Record, Litigation, and Criminal History Check
   4. A Crash Course on Auto Liability Coverage/UM/UIM/PIP/No-Fault
   5. How Medical Payment Coverage Can Wreak Havoc on the Case
   6. When Can a Bad Faith or Subrogation Claim be Brought?
2. Ethics
   11:00 - 12:00, Robert J. Kasieta
   1. Maintaining Client Confidentiality
   2. Communicating With Represented Parties
   3. Dealing Fairly With Conflicts Involving Multiple Defendants
   4. The Ethics of Disclosing Information Which Defeats Coverage
3. How to Best Assist During Discovery
   12:15 - 1:15, Antoinette B. VanSchaick
   1. Preparing Initial Discovery Requests
   2. Gathering/Summarizing/Handling Medical Records, Bills, Accident Reports, Scene, and Vehicle Evidence
   3. Relevant Case Law
   4. Locating, Hiring and Interviewing Witnesses, Investigators, and Law Enforcement
   5. Accident Reconstruction - The Paralegal's Role
   6. Review of Discovery Responses
   7. Case Notebook Tips
4. Demand Letters and Negotiating with Insurance Companies
   1:45 - 2:45, Robert J. Kasieta
   1. The Adjuster's Role in the Case
   2. How the Adjuster's Settlement Authority is Restricted and Going Beyond it
   3. Drafting an Effective Demand Letter (Length, Style, Tone) - Sample Letter Review
   4. Sample Demand Package
   5. Negotiations vs. Mediation vs. Arbitration in Auto Injury Cases
   6. How to Determine the Adjuster's Settlement Authority
   7. Building a Record of the Negotiations
   8. Re-Starting Stalled Negotiations
   9. Assisting in Mediation and Arbitration
   10. Negotiation Mistakes Paralegals Need to Avoid
   11. Assisting Your Team When the Negotiations Fail
5. Damages and Settlement
   2:45 - 3:30, Charles W. Kramer
   1. Managing Damage Information, Calculating Damages, and Preparing Damage Summaries
   2. Lien Considerations to be Aware of (Workers' Compensation Liens, ERISA Subrogation Liens)
   3. Drafting and Reviewing Settlement Documents and Issuing Payments
   4. What to Include in the Settlement Package - Documentation and Exhibits
   5. Medicare Set-Asides and Mandatory Insurer Reporting
   6. Past Medical Payments/Future Medical Payments
   7. Assisting Your Attorney in Settlement Administration
6. A Paralegal's Trial Checklist
   3:45 - 5:00, Kimberly M. Finnigan
   1. Drafting Pleadings and Motions (Show Examples)
   2. Filing and Response Procedures and Case Scheduling
   3. Issuing Subpoenas and On-Call Letters
   4. Constructing an Effective Trial Notebook
   5. Monitoring Exhibits, Visual Aids, and Maintaining Exhibit Lists
   6. Preparing Memorandums, Trial Briefs, and Motions
   7. Jury Assistance: Obtaining Lists, Drafting Voir Dire, Selection Assistance, and Drafting Instructions
   8. Handling Common Issues That Arise During Trial
   9. Witnesses: Lists, Coordination, and Testimony
   10. Top Mistakes Made by Paralegals at Trial

Accreditation Details:

Kimberly M Finnigan is a senior litigation paralegal with Halloin Law Group, S.C. She has more than a decade of experience with respect to all aspects of the litigation process, from initial client meetings through appeals, both for Federal Court and various state court actions. Her areas of responsibilities include handling discovery, with a focus on subpoenas, both during discovery and for trial; assisting attorneys with briefs and affidavits; and preparation for and attendance at trial including, tracking and maintaining all exhibits, and coordinating witnesses, trial logistics, and obtaining and running any technology that may be present for trial. Ms. Finnigan also has extensive knowledge and experience as a law firm administrator. She has assisted in over 20 trials in federal court and state courtsc, such as Kansas, Illinois, and Wisconsin. Ms. Finnigan has taught numerous seminars both locally and nationally, predominately in areas of litigation, technology, case management, document retention, and law firm management. She has been a repeat nominee for the Wisconsin Law Journal's Unsung Heroes, which recognizes the contribution and achievements of non-lawyers in the legal field. Ms. Finnigan earned her B.A. degree from Marquette University and her paralegal certificate from Milwaukee Area Technical College. She received the State Bar of Wisconsin certified paralegal (SBWCP) certification in 2019, which recognizes Wisconsin's most highly qualified paralegals, able to perform substantive legal work under the direction of Wisconsin-licensed attorneys.

Robert J Kasieta is the founder of Kasieta Legal Group, LLC, in Madison, Wisconsin. He is a certified civil pretrial and trial specialist by the National Board of Trial Advocates. Mr. Kasieta practices in civil litigation, with an emphasis on plaintiff personal injury and employment cases, as well as commercial litigation. He has written and taught extensively in the areas of trial practice, personal injury law, and insurance law; and is an instructor of trial practice at the University of Wisconsin Law School. Mr. Kasieta is admitted to practice before the U.S. Supreme Court, as well as the U.S. Court of Appeals for the 11th Circuit, U.S. Court of Appeals for the 7th Circuit, and all Wisconsin courts. He is a member of the Dane County Bar Association, State Bar of Wisconsin, and the American Association for Justice. Mr. Kasieta earned his B.S. degree, summa cum laude, from Northern Michigan University and his J.D. degree from Marquette University Law School.

Charles W Kramer is an attorney at Hennessy & Roach, P.C., where his practice has included insurance defense and subrogation. In the past, Mr. Kramer has practiced in the area of plaintiff's personal injury and workers' compensation. He also has handled environmental and civil rights cases. Mr. Kramer is admitted to practice before the U.S. District Court for the Eastern and Western districts of Wisconsin. He has been admitted pro hac vice in both the Eastern and Western districts of Arkansas. Mr. Kramer earned his B.A. degree, with general honors, from the University of Chicago; and his J.D. degree, cum laude, from the University of Wisconsin Law School. He is a member of the State Bar of Wisconsin.

Antoinette B VanSchaick obtained her B.A. degree in social sciences from Dowling College. She has been employed in the legal field for 27 years; the last 17 of which have been as a certified professional paralegal, after having passed the inaugural professional paralegal certification exam offered in 2004 by NALS, the association for legal professionals. Currently, Ms. VanSchaick is in her fourth recertification cycle and is expected to recertify by September 2024. During her 27 years in the legal profession, she has worked in matrimonial/family law, real estate, and estate administration, as well as her primary specialty, plaintiff's personal injury, where she was managing files from intake through resolution. Ms. VanSchaick is employed by Siben & Siben LLP in Bay Shore, New York as a paralegal in their negligence support department and has been since November 2019. Her primary responsibilities at Siben & Siben LLP are preparing motions, summons and complaints, and bills of particulars, as well as managing the motion calendar. She has previously spoken on ethics for National Business Institute. When needed, Ms. VanSchaick also prepares and follows up on various discovery demands. While she has worked in other areas of law, plaintiff's personal injury is the one she always comes home to. Ms. VanSchaick is currently an active member of NALS, the National Association for Legal Support Professionals, and has been since 1998; and she has served in various offices and on various committees on the local, state, and national levels. She also became a paralegal member of the New York State Academy of Trial Lawyers in February 2021.