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Mastering Pre-Trial Tactics Part 4: Building the Damages

Build a bulletproof damages case using hard numbers to force better settlements before trial.

Created byNYS Academy of Trial Lawyers
BeginnerUpdated Oct 7, 2026

What You'll Learn

  • check_circleAnalyze the difference between hard and soft damages to improve settlement demands
  • check_circleApply strategies for retaining and coordinating expert witnesses to build economic evidence
  • check_circleEvaluate the impact of various liens on case settlement and net recovery
  • check_circleUtilize certified medical records and bills to establish damages in evidence

About This Course

Join us for part four of this five-part series on the skills you need to win your case before you even step into the courtroom.

Andrew Smiley will discuss everything you need to know about successfully building the damages.

The course provides a strategic framework for building a comprehensive damages case in personal injury litigation by focusing on hard, evidence-based numbers rather than amorphous pain and suffering claims. It details the utilization of expert witnesses, including life care planners, vocational experts, and economists, to create verifiable financial projections that strengthen settlement positions.

The content addresses the necessity of documenting past medical bills, future care costs, and economic losses to create a compelling narrative for both insurance carriers and juries. Participants will learn how to manage liens, evaluate the cost-benefit of expert retention, and effectively use discovery to prepare for potential trial scenarios.

Topics Covered:

  • Distinction between hard and soft damages
  • Life care plan development and utility
  • Vocational analysis for future income loss
  • Economic report methodology and compounding
  • Subpoenaing certified medical bills
  • Management of Medicare and workers' compensation liens
  • Strategic use of professional injury photography
  • Post-verdict collateral source hearings

Course Content

1 activity • 1 videos • duration: 1h 27m

  • videocamMastering Pre-Trial Tactics Part 4: Building the Damages
    Duration 87:18

Your Instructors

NYS Academy of Trial Lawyers

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star626 reviews

The NYS Academy of Trial Lawyers is the largest statewide trial bar in the US with 5,700+ lawyer and judge members. We are committed to protecting, preserving and enhancing the civil justice system. Our highly acclaimed CLE programming features extraordinary presenters covering the most timely and important topics.

Andrew J. Smiley, Esq.

Attorney at Smiley & Smiley LLP

Andrew is the lead trial attorney for Smiley & Smiley, where his practice focuses on significant personal injury, medical malpractice and wrongful death. Andrew is a graduate of Brooklyn Law School. He served as Academy President in 2017–2018 and is also a Past President & Board Member of the New York City Trial Lawyers Alliance. He hosts The Mentor, Esq., a podcast for lawyers.

Credit Information

Professional development requirements vary by profession, country, and regulatory body. Before enrolling, review the course details and confirm that the content, learning format, and any listed credits meet your specific requirements. You are responsible for confirming eligibility with your regulator or professional association and keeping the records required for reporting.

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Frequently Asked Questions

We are a registered provider with 300+ associations and regulatory bodies worldwide. We operate across 27 global markets including Canada, the US, Australia, and the UK. Every course page clearly displays its specific accreditations. Upon completion, you receive a professional certificate that can be validated online. Our certificates include all necessary accreditation details, credit hours, and completion dates, and are formatted specifically to meet the submission requirements of most global regulatory bodies.

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