Medical Damages in Bodily Injury Claims

Curriculum: Casualty Campus

State Approved CE Credits:FL NC OK TX

Tuesday 1:30 - 3:00
Wednesday 3:30 - 5:00

Gregory Reed, JD,  Shareholder
Simon, Reed & Salazar, P.A., Tampa, FL

• Gain detailed information and perspectives on specific, core issues that routinely and significantly impact the medical damages aspect of BI claims. This will assist professionals, in both pre-suit and post-litigation contexts, in evaluating and, as applicable, defending that aspect of these claims. Attendees’ experience participating in this session will be broadly broken into two areas – medical causation and economic medical damages.Specifically, attendees will identify things to look for/ways of considering or looking for in the first place, positive versus negative facts on medical causation for claimed injuries. This will include broadening horizons as to things that may be beyond the most obvious of positives (existence of prior injuries claimed area[s]) on causation.
• Examine the contours of particular, more detailed “causation problem” fact patterns, i.e. how to think of and/or deal with a case without any obvious positive fact on causation, and the means of effectively evaluating/arguing a case on causation grounds when in reality the available argument is that “there was/is nothing wrong with the claimant” (so they are treating for money or allowing doctors to do their thing).
• Analyze the framework for determining (and therefore including evaluating a claim ahead of time) the real measure of likely-admissible claimed economic medical damages, past and future. This will include a comparative survey of some representative/significant jurisdictions’ applicable framework for past medicals, in light of Florida’s March 2023 comprehensive tort reform statute.
• Learn to evaluate and attack “life care plans” and other means by which the claimants’ side attempts to use UNreal numbers.