1 / 34

Introduction

HELMS & GREENE, LLC. When it’s all on the line. Presentation. Introduction. Kirk Willis. Hypothetical #1. Jethro and Ellie Mae’s Weddin’. Hypothetical #2. Thelma and Louise Best of Friends!. Hypothetical #3. Bonnie and Clyde. Wrongful Death. Damages. Damages. i. Survival Claim.

kimi
Télécharger la présentation

Introduction

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. HELMS & GREENE, LLC When it’s all on the line Presentation Introduction Kirk Willis

  2. Hypothetical #1 Jethro and Ellie Mae’s Weddin’

  3. Hypothetical #2 Thelma and Louise Best of Friends!

  4. Hypothetical #3 Bonnie and Clyde

  5. Wrongful Death Damages Damages i Survival Claim Survival Claim Bystander Claim Bystander Claim

  6. Parties to a Wrongful Death Action Surviving Spouse Children Parents

  7. Spouses Must be a legal spouse at time of death • Formal • Common Law Void Marriage Voidable Marriage

  8. Children Minors and Adoptees Illegitimate Children Adult Children

  9. Parents Natural? Adopted? Stepparents? Foster Parents? Managing Conservator?

  10. No Recovery Family Members Who DoNot Recover Brother Sister Aunts Uncles Close Cousins Great Friends Mother-in-Law

  11. Parents Do Not Take Exemplary Damages Limits to Recovery • Spouse • “Heirs of the Body”

  12. Evidence Needed to Carry Burden No speculation No Passion, Bias or Prejudice

  13. Evidence Law Bias Sympathy Prejudice

  14. Defenses Legal Shoes Parental Immunity Statute of Limitations

  15. Bonnie and Clyde

  16. Defenses Legal Shoes Parental Immunity Statute of Limitations

  17. Wrongful Death Damages i Survival Claim Bystander Claim

  18. Pecuniary Loss Care Maintenance Support Service Advice Counsel

  19. Loss of Companionship and Society Relationship Living Arrangement Absence Harmony of Family Common Interest

  20. Mental Anguish Emotional Pain Torment Anguish Rather than Physical Pain

  21. Loss of Inheritance Beneficiaries may recover the present value that the deceased would have added to the estate • Apartments • Stocks • Profit Sharing

  22. Jury Consideration Relationship between parties Living arrangement Any absence for long period of time Harmony of family unit Common interests and activities • Letters • Photos • Videotapes • Audiotapes • Movies

  23. Evidence Law Bias Sympathy Prejudice

  24. Jury Consideration Relationship between parties Living arrangement Any absence for long period of time Harmony of family unit Common interests and activities • Letters • Photos • Videotapes • Audiotapes • Movies

  25. Wrongful Death Damages i Survival Claim Bystander Claim

  26. Survivor Action Heirs Appointed Legal Representative Estates Executor of Will

  27. Survivor Action Damages Pain, suffering and mental anguish Medical expenses Funeral and burial expenses Property damages Exemplary damages

  28. Action for Personal Injuries Held by the Victim at the Time of Death

  29. Other Statutes Worker’s Compensation DTPA Claims

  30. Wrongful Death Damages i Survival Claim Bystander Claim

  31. Bystander Claim Elements 3rd party must have suffered serious injury or death The mental anguish suffered by the bystander must be foreseeable as determined by three factors: • Bystander located near scene • The shock to bystander resulted from serious and contemporaneous observation of accident • Bystander must be closely related to victim

  32. “Dillion” Rule “Zone of Danger” “Contemporaneous Perception” “Close Relationship Requirement”

  33. Plaintiff was near scene of accident Contemporaneous perception Where the plaintiff and victim were closely related

  34. HELMS & GREENE, LLC When it’s all on the line Thank You Kirk Willis 469.893.1870 kwillis@helmsgreene.com

More Related