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Introduction

HELMS & GREENE, LLC. When it’s all on the line. Using discovery tools to prove damages from auto accidents. Introduction. Kirk Willis Member. Hypothetical #1. Sanford & Son. Hypothetical #2. Chico and the Man. New Hypothetical #3. Amos & Andy Best of Friends!. New Hypothetical #2.

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Introduction

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Presentation Transcript

  1. HELMS & GREENE, LLC When it’s all on the line • Using discovery tools to prove damages from auto accidents Introduction Kirk Willis Member

  2. Hypothetical #1 Sanford & Son

  3. Hypothetical #2 Chico and the Man

  4. New Hypothetical #3 Amos & Andy Best of Friends!

  5. New Hypothetical #2 Amos & Andy Best of Friends!

  6. Economic Damages Property Loss Medical Care Loss of Earning Capacity

  7. Property Loss Plaintiff may testify to value Advisable mechanic, adjuster, or expert

  8. Medical Care Reasonable and Necessary Past and Future Expert Testimony Needed Demonstrative Evidence Accepted

  9. Loss of Earning Capacity Recovery for Impaired Ability to Earn PROOF • Testimony by a Physician • Testimony by Employer

  10. Household Services The performance of household and domestic duties by a spouse.

  11. “Soft” Damages • Physical Pain and Suffering • Past • Future

  12. Closed Head Injuries • Physical Damages Psychological Damages

  13. Trial Evidence • Family Members and Friends Co-Workers Expert Testimony

  14. Children Minors and Adoptees Illegitimate Children Adult Children

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

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

  17. No Recovery Parents Do Not Take Exemplary Damages Limits to Recovery • Spouse • “Heirs of the Body”

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

  19. Evidence Law Bias Sympathy Prejudice

  20. Defenses Legal Shoes Parental Immunity Statute of Limitations

  21. Bonnie and Clyde

  22. Defenses Legal Shoes Parental Immunity Statute of Limitations

  23. Wrongful Death Damages i Survival Claim Bystander Claim

  24. Pecuniary Loss Care Maintenance Support Service Advice Counsel

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

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

  27. 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

  28. Evidence Law Bias Sympathy Prejudice

  29. 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

  30. Next Speaker

  31. Property Loss Children Parents SurvivingSpouse

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