Advanced Motor Vehicle Accident Guide for Paralegals

Agenda / Content Covered

1. Preserving and Collecting Social Media, Smartphone Evidence, and Black Box Data
   10:00 - 11:00, Laura A. Danielson
   1. Evidence From Facebook, Twitter, and Other Social Media Sites
   2. Smartphone and Text Evidence
   3. Smartwatches and Other Wearable Tech
   4. Black Box, DriveCam, GPS, and More
   5. 911 Audio, Traffic Cameras, Video Surveillance, etc.
   6. Subpoenas for Social Media and Phone Company Records
2. Truck Accident Investigation and Discovery Strategies
   11:00 - 11:45, Gerri L. Plain
   1. Preservation Strategies
   2. Accident Scene, Reports, and Vehicle Investigation
   3. Emergency Response Program
   4. FMCSA Compliance and Safety Records
   5. Logbooks, Driving Record, and Personnel Files
   6. Trucking Company Records
   7. Finding and Vetting Experts
   8. Sample Discovery Requests for the Truck Accident Case
3. Advanced Medical Record Issues and Answers
   12:00 - 12:45, John Biedrzycki
   1. Pointers for Dealing With Difficult Medical Providers
   2. Organizing Voluminous Medical Records; Records From Multiple Facilities
   3. Refining Your Medical Record Review Skills
   4. Advanced Medical Chronologies and Summaries
   5. HIPAA Updates and Compliance Best Practices
4. Creative Tips for Writing Stronger Demands
   12:45 - 1:15, Kenton H. Steele
   1. The Notification Letter
   2. Insurance Company Claim Valuation Insights
   3. Buzzwords and Tips to Drive Up Reserves and Claim Value
   4. Documentation/Exhibit Pointers
   5. Avoiding Common Mistakes
   6. Sample Letter Review
   7. Addressing Gaps in Treatment, Pre-Existing Conditions, and Other Claim Weaknesses
5. Paralegals' Guide to UM/UIM Claims and Litigation
   1:45 - 2:30, Constance A. Anastopoulo
6. Medicare, Medicaid, and ERISA Liens
   2:30 - 3:15, Christine Hummel
   1. Finding and Investigating All Liens
   2. Minimizing ERISA Liens on Personal Injury Settlements
   3. Medicare Secondary Payer Update
   4. Resolving Medicare Liens
   5. Liability Medicare Set Asides - Current Best Practices
   6. Tips for Handling Medicaid Liens
   7. Sample Lien Reduction Request
7. Trial Preparation Tips and Techniques: Fine Tuning Exhibits, Trial Notebooks, and More
   3:30 - 4:00, Richard K. Leefe
8. Paralegal Ethics
   4:00 - 5:00, John Biedrzycki
   1. Unauthorized Practice of Law
   2. Communications With Clients
   3. Conflicts of Interest
   4. Preserving Confidentiality
   5. Ethics and Technology

Accreditation Details:

Constance A. Anastopoulo is an associate professor of law at the Charleston School of Law, where she teaches courses on torts, evidence law, insurance law and professional responsibility. She is the adviser to the Charleston Law Review. Prof. Anastopoulo is a past Professor of the Year and was named the Black Law Students Association Honoree for Commitment to Bringing About Meaningful Legal and Political Change. She was formerly a partner at Anastopoulo & Clore, LLC for 15 years, where she headed the firm's appellate division and worked with the litigation department. Prof. Anastopoulo was the lead counsel in Gaskins v. Southern Farm Bureau, which was chosen one of the most important decisions in South Carolina by S.C. Lawyer's Weekly. Prof. Anastopoulo speaks and publishes in the areas of insurance, torts and ethics regularly. She earned her B.A. degree from the University of Virginia and her J.D. degree from the University of North Carolina School of Law. Prof. Anastopoulo is admitted to practice in all courts in her division and the U.S. Federal Court of Claims, and is a member of the South Carolina and Charleston County bar associations. She consults for the South Carolina Bar Association on issues of insurance law; and recently worked for the South Carolina Bar, the South Carolina Supreme Court and the South Carolina Board of Law Examiners on revisions to the South Carolina bar exam.

John Biedrzycki is the owner of Biedrzycki Law Office in Pittsburgh. Mr. Biedrzycki focuses his practice on personal injury, business and real estate, criminal law, and traffic offenses/CDL violations. He is a member of both the Allegheny County and Pennsylvania bar associations; and is admitted to practice in Pennsylvania and before the United States District Court for the Western District of Pennsylvania. He earned his B.A. degree from Villanova University and his J.D. degree from Duquesne Law School.

Laura A. Danielson is currently the director of client services at HaystackID, Inc. She brings over three decades of experience, and is considered an industry expert in the following areas: complex litigation, specializing in consulting, best practices in litigation technology and support, ESI, data management, and trial advocacy for corporations and law firms. Ms. Danielson is a former litigation paralegal, project manager, published author, and frequent speaker/instructor. She has participated in over 100 trials in federal and state courts nationally, and has been on numerous winning trial teams with her work focused in the areas of intellectual property, product liability, toxic tort, and complex litigation. In addition, she has worked on mock trials, focus groups, and arbitrations; and assisted counsel in preparation for mediations. Ms. Danielson holds a bachelor's degree in political science and an associate degree in paralegal studies. She holds the following certifications: certified records manager (CRM), project management professional (PMP) Six Sigma-Green Belt, and Six Sigma-White Belt. Currently, she is a member of the Project Management Institute (PMI), Association of Records Managers and Administrators (ARMA), Six Sigma, and Women in E-Discovery (WiE), where she is member of the national leadership team for WiE.

Christine Hummel is the president and founder of Hummel Consultation Services, a national legal consultation practice specializing in the application of the Medicare Secondary Payer Act to workers’ compensation, liability and no fault cases. She is an active attorney with licensure in the state of Colorado. With more than 19 years of experience in Medicare compliance, Ms. Hummel is a published author and popular speaker on a wide array of topics related to Medicare compliance. She is a member of the American Bar Association (Health Law Section) and the Colorado Bar Association. Her legal experience work includes Medicaid, probate and elder law. Ms. Hummel donates a significant amount of time volunteering with the Federal Park Service, giving presentations on the roles of women during the American War of Independence. She earned her B.S. degree from the University of Southern California and her J.D. degree from the University of Denver College of Law.

Richard K. Leefe is a founder and senior partner of the Metairie law firm of Leefe, Gibbs, Sullivan, Dupré, LLC. Since 1974, he has practiced in the areas of commercial litigation and maritime law. Mr. Leefe has served as an adjunct professor for Loyola College of Law for more than 26 years, and has taught law school courses in evidence, negotiable instruments, and legal research and writing. He also taught American law to Chinese law students in Wuhan, China. Mr. Leefe earned his B.S. degree from Louisiana State University; his L.L.M. degree from Robert Gordon University in Aberdeen, Scotland; and his J.D. degree from Loyola College of Law.

Gerri L. Plain is a partner with the Huntsville law firm of Gaines Gault Hendrix, PC. She practices in the areas of insurance defense, civil litigation, and labor and employment law; including automobile litigation, product liability, premises liability, and employment litigation. Ms. Plain defends individuals and insurance companies in personal injury claims through litigation and trial. She also routinely advises businesses on employment practices, drafts employment manuals and separation agreements, and defends employment charges and claims. Ms. Plain earned her B.A. degree at the University of South Carolina-Upstate; her M.S. degree at Southern Wesleyan University; and her J.D. degree, cum laude, at Cumberland School of Law. She is a member of the Huntsville Madison County Bar Association, and serves on the Alabama State Bar Life, Health, and Wellness Committee.

Kenton H. Steele is an attorney with the Columbus office of Reminger Co., L.P.A., where he focuses on matters involving medical malpractice defense and general liability. Mr. Steele is a member of the Ohio State Bar Association and The West Virginia Bar Association. He earned his B.S. degree from the University of Southern Indiana; and his J.D. degree, summa cum laude, from the University of Akron School of Law.