Catastrophic Injury and Wrongful Death Damages: Traditional and Emerging Theories

Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
Intermediate
- work Practice Area
Personal Injury and Med Mal
- event Date
Thursday, May 9, 2024
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
-
This 90-minute webinar is eligible in most states for 1.5 CLE credits.
This CLE webinar will offer guidance to plaintiffs and defendants on effective ways to calculate and present damages for catastrophic injuries and wrongful death. The panel will review what information to seek in discovery and strategies for opening and closing arguments. The panel will also address trends toward expanding the types of damages available and who can recover them.
Faculty

Mr. Bouchard is an accomplished trial lawyer who represents companies and individuals in complex criminal and civil matters. He has received high praise from jurors, judges, and clients for his courtroom advocacy and has been recognized by Chambers USA, Best Lawyers, and U.S. News and World Report as a premiere white-collar criminal defense and business lawyer. Mr. Bouchard has successfully defended businesses and people responding to investigations and cases initiated by federal and state law enforcement authorities. He has represented business executives and owners, public officials, lobbyists, doctors, nurses, and healthcare providers, consultants, and professional athletes in response to alleged violations of various federal criminal laws, including conspiracy, mail fraud, wire fraud, health care fraud, securities fraud, bribery, public corruption, racketeering, and money laundering, among others. Mr. Bouchard's practice is national, and he has handled cases in federal or state courts in Georgia, Florida, Alabama, South Carolina, North Carolina, Tennessee, Washington, D.C., New Jersey, and Colorado. He has represented and advised companies responding to whistleblower complaints and government investigations. As part of that work, he has conducted numerous sensitive internal investigations. Mr. Bouchard has counseled companies on how to develop and improve compliance programs on various issues, including the Foreign Corrupt Practices Act. He also has substantial experience representing companies involved in complex business disputes. Mr. Bouchard began his legal career with a prominent international law firm, where he excelled on major commercial litigation for some of the world's largest companies, including more than ten Fortune 500 companies.

Prior to founding Randels Injury Law, Ms. Randels worked at two prominent Atlanta area injury firms for the better part of a decade. Since 2020, she has been recognized as a Super Lawyers Rising Star, an honor given to only 2.5% of the lawyers in Georgia. 2024 marks her fifth year being recognized. Ms. Randels has also been recognized as one of Georgia Trend's Legal Elite, named in Best Lawyers in America -- Ones to Watch, and is a member of the National Trial Lawyers Top 40 Under 40. Since 2020, Ms. Randels has been a member of the Georgia Trial Lawyers Association's Executive Committee, serving as chair of the New Lawyers Division, the Communications Committee, and the Women's Caucus.

Mr. Carter's practice focuses on medical malpractice, nursing home abuse and neglect, catastrophic trucking and commercial vehicle accidents, products liability, white collar crime, and whistleblower or qui tam actions.
Description
Assessing catastrophic injury and wrongful death damages is not as straightforward as it might seem. It is one of the most critical and difficult aspects of handling these kinds of cases.
When assessing damages, counsel must consider the injured party or decedent's earnings and life expectancy as well as assign a monetary value to the loss of economic contributions, services, society, comfort, care, protection, and companionship the decedent would have provided. Expert testimony may be necessary and beneficial on these points.
Many aspects of the valuation are intangible, such as pain and suffering. In some states, punitive damages may also be available. A number of states have or are considering expanding the categories of damages and who can claim them. When arguing the monetary value of a life, both sides must try to avoid coming across as insensitive, crass, or opportunistic. Yet there are powerful ways to present damages in wrongful death cases that avoid these problems.
Listen as this experienced panel of trial attorneys offers guidance to plaintiffs and defendants on effective ways to calculate and present damages for catastrophic injury and wrongful death, including the value of a life.
Outline
- Calculations
- Economic damages
- Non-economic damages
- Evidentiary issues
- Discovery strategies
- Use of experts
- Presentation strategy
- Opening
- Closing
- Emerging trends in catastrophic injury and wrongful death damages
Benefits
The panel will discuss these and other important issues:
- What is the role of the defendant's conduct in damages assessment?
- Is character evidence relevant in wrongful death damages?
- How can the plaintiff show that future damages are certain?
- What arguments are generally counterproductive?
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