Introduction

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