In today’s complex legal landscape, accurately evaluating invisible suffering presents unique challenges for both plaintiffs’ and defense attorneys. This talk explores scientific methodologies for assessing both emotional distress and invisible physical conditions such as chronic pain, fibromyalgia, and post-concussion syndrome. Using the Quality-Adjusted Life Years (QALY) metric as the foundation, this presentation provides a robust, science-based framework that meets the rigorous Daubert standard for admissible evidence.
Key topics include:
— Defining and differentiating various forms of invisible suffering
— Overcoming subjective evaluation challenges for conditions without visible markers
— Integrating quantitative metrics with qualitative patient experiences
— Applying behavioral science research to pain and suffering assessments
— Creating defensible valuations for complex invisible conditions
Through compelling real-world case studies from both sides of the courtroom, attendees will see these concepts
applied across diverse scenarios. Personal injury attorneys will learn how to build stronger cases for appropriate
compensation, while defense counsel representing corporations and government entities will gain tools to evaluate
claims objectively and negotiate fair settlements. Examples will demonstrate how QALY methodology creates common
ground for reasonable resolution.
By adopting this scientific approach, legal professionals on both sides can argue their positions with greater authority and confidence, whether supporting legitimate claims or defending against excessive demands. Join this session to enhance your practice, impress judges and juries, and better serve your clients—whether they’re individuals seeking fair compensation or organizations facing liability claims. This balanced, evidence-based approach promotes justice while reducing costly litigation through more accurate valuations of invisible suffering.
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Oregon judges and their lawyer staff, 50-year OSB licensees, and Active Pro Bono OSB licensees—please call the OSB CLE Service Center at (503) 431-6413 or toll-free at (800) 452-8260, ext. 413, to register.
Please note that it may take up to 30 days after you complete this seminar for it to appear on your online MCLE Compliance Report at www.osbar.org.