HELMS & GREENE, LLC

IntroductionIntroduction

Kirk Willis Kirk Willis

MemberMember

HELMS & GREENE, LLC

When it’s all on the line

Using discovery tools to prove damages from auto accidents

HELMS & GREENE, LLC

Sanford & SonHypothetical #1

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Hypothetical #2

Chico and

the Man

Chico and

the Man

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Amos & Andy

Best of Friends!

New Hypothetical #3

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Amos & Andy

Best of Friends!

New Hypothetical #2

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Economic Damages

Medical Care

Loss of Earning Capacity

Property Loss

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Property LossProperty Loss

Plaintiff may testify to value

Advisable mechanic, adjuster, or expert

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Medical CareMedical CareReasonable and Necessary

Past and Future

Expert Testimony Needed

Demonstrative Evidence Accepted

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Loss of Earning CapacityLoss of Earning Capacity

Recovery for Impaired Ability to Earn

Testimony by a Physician

Testimony by Employer

PROOFPROOF

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Household ServicesHousehold Services

The performance of household and domestic duties by a spouse.

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“Soft” Damages“Soft” Damages

Physical Pain and Suffering

Past

Future

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Closed Head InjuriesClosed Head Injuries

Physical Damages

Psychological Damages

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Trial EvidenceTrial Evidence

Family Members and Friends

Co-Workers

Expert Testimony

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ChildrenChildrenMinors and Adoptees

Illegitimate Children

Adult Children

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ParentsParentsNatural?

Adopted?

Stepparents?

Foster Parents?

Managing Conservator?

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Family Members Who DoNot Recover

Family Members Who DoNot Recover

Brother

Sister

Aunts

Uncles

Close Cousins

Great Friends

Mother-in-LawMother-in-Law

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Exemplary DamagesExemplary Damages

Limits to Recovery

Spouse

“Heirs of the Body”

Parents Do Not Take

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Evidence Needed to Carry Burden

Evidence Needed to Carry Burden

No speculation

No Passion, Bias or Prejudice

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Bias

Sympathy

Prejudice

Evidence

Law

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DefensesDefenses

Legal Shoes

Parental Immunity

Statute of Limitations

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Bonnie and Clyde

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DefensesDefenses

Legal Shoes

Parental Immunity

Statute of Limitations

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i

Survival Claim

Wrongful Death

Damages

Bystander Claim

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Pecuniary LossPecuniary LossCare

Maintenance

Support

Service

Advice

Counsel

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Loss of Companionship and Society

Loss of Companionship and Society

Relationship

Living Arrangement

Absence

Harmony of Family

Common Interest

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Loss of InheritanceLoss of InheritanceBeneficiaries may recover the present value that the deceased would have added to the estateApartments

Stocks

Profit Sharing

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Jury ConsiderationJury ConsiderationRelationship between partiesLiving arrangement

Any absence for long period of time

Harmony of family unit

Common interests and activitiesLetters

PhotosVideotapesAudiotapesMovies

HELMS & GREENE, LLC

Bias

Sympathy

Prejudice

Evidence

Law

HELMS & GREENE, LLC

Jury ConsiderationJury ConsiderationRelationship between partiesLiving arrangement

Any absence for long period of time

Harmony of family unit

Common interests and activitiesLetters

PhotosVideotapesAudiotapesMovies

HELMS & GREENE, LLC

Next Speaker

HELMS & GREENE, LLC

Property LossProperty Loss

Surviving Spouse

Children Parents