BarbriSFCourseDetails

Course Details

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

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

  1. Calculations
    1. Economic damages
    2. Non-economic damages
  2. Evidentiary issues
    1. Discovery strategies
    2. Use of experts
  3. Presentation strategy
    1. Opening
    2. Closing
  4. 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?