This practical CLE provides a step-by-step litigation roadmap for prosecuting and defending motor vehicle accident cases in state courts. Designed as a comprehensive checklist guide, the course walks attorneys from intake through trial, highlighting strategic decision points, evidentiary pitfalls, insurance coverage issues, and negotiation leverage. Attendees will gain a structured framework to evaluate liability, damages, UM/UIM exposure, medical proof, and settlement value while avoiding common procedural mistakes. Whether handling soft-tissue claims or catastrophic injury cases, participants will leave with a repeatable system to maximize results and minimize risk.
Principles
- Client intake and early case triage
- Insurance coverage analysis (liability, UM/UIM, MedPay)
- Preservation of evidence and spoliation strategies
- Liability investigation and comparative fault analysis
- Medical proof, causation, and damages development
- Use of experts (accident reconstruction, medical, economic)
- Pleading strategy and venue considerations
- Discovery roadmap and deposition strategy
- Motions practice (summary judgment, motions in limine)
- Settlement strategy, mediation positioning, and lien resolution
- Trial preparation checklist and courtroom presentation
Syllabus
- Intake & Early Case Evaluation
- Structured intake checklist
- Identifying liability theories
- Determining insurance coverage and limits
- Immediate preservation steps (vehicles, ECM data, surveillance)
- Red flag cases: low property damage, delayed treatment, prior injuries
- Insurance & Coverage Analysis
- Liability policy structure and exclusions
- UM/UIM stacking issues in Mississippi
- MedPay and subrogation traps
- Reservation of rights letters
- When and how to add UM carriers
- Liability Development
- Police reports: strengths and weaknesses
- Witness location and recorded statements
- Traffic camera and black box data
- Comparative negligence under Mississippi law
- Commercial vehicle and employer liability considerations
- Medical Proof & Damages Strategy
- Building causation: treating physician vs. retained expert
- Pre-existing condition handling
- Future medicals and life care plans
- Wage loss documentation and economic experts
- Pain and suffering valuation frameworks
- Filing Suit: Pleadings & Early Motions
- Venue strategy
- Drafting the complaint with specificity
- Avoiding Rule 12 pitfalls
- Early summary judgment risks
- Preserving punitive damages claims
- Discovery Roadmap
- Written discovery checklist
- Social media and surveillance issues
- IME strategy
- Depositions: sequencing and themes
- Corporate representative depositions
- Motions Practice & Pre-Trial Strategy
- Motions in limine common to MVA cases
- Daubert challenges
- Collateral source issues
- Jury instructions unique to auto cases
- Settlement & Mediation Strategy
- When to mediate
- Demand package structure
- Psychological leverage in negotiation
- Policy limits demands and bad faith considerations
- Negotiating liens (health insurance, Medicare, hospital)
- Trial Preparation Checklist
- Exhibit organization system
- Witness preparation method
- Opening statement structure
- Closing argument themes in motor vehicle cases
Instructor
Wesley Hisaw, Esq.
