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
HELMS & GREENE, LLC
Hypothetical #2
Chico and
the Man
Chico and
the Man
HELMS & GREENE, LLC
Amos & Andy
Best of Friends!
New Hypothetical #3
HELMS & GREENE, LLC
Amos & Andy
Best of Friends!
New Hypothetical #2
HELMS & GREENE, LLC
Economic Damages
Medical Care
Loss of Earning Capacity
Property Loss
HELMS & GREENE, LLC
Property LossProperty Loss
Plaintiff may testify to value
Advisable mechanic, adjuster, or expert
HELMS & GREENE, LLC
Medical CareMedical CareReasonable and Necessary
Past and Future
Expert Testimony Needed
Demonstrative Evidence Accepted
HELMS & GREENE, LLC
Loss of Earning CapacityLoss of Earning Capacity
Recovery for Impaired Ability to Earn
Testimony by a Physician
Testimony by Employer
PROOFPROOF
HELMS & GREENE, LLC
Household ServicesHousehold Services
The performance of household and domestic duties by a spouse.
HELMS & GREENE, LLC
“Soft” Damages“Soft” Damages
Physical Pain and Suffering
Past
Future
HELMS & GREENE, LLC
Closed Head InjuriesClosed Head Injuries
Physical Damages
Psychological Damages
HELMS & GREENE, LLC
Trial EvidenceTrial Evidence
Family Members and Friends
Co-Workers
Expert Testimony
HELMS & GREENE, LLC
ChildrenChildrenMinors and Adoptees
Illegitimate Children
Adult Children
HELMS & GREENE, LLC
ParentsParentsNatural?
Adopted?
Stepparents?
Foster Parents?
Managing Conservator?
HELMS & GREENE, LLC
Family Members Who DoNot Recover
Family Members Who DoNot Recover
Brother
Sister
Aunts
Uncles
Close Cousins
Great Friends
Mother-in-LawMother-in-Law
HELMS & GREENE, LLC
Exemplary DamagesExemplary Damages
Limits to Recovery
Spouse
“Heirs of the Body”
Parents Do Not Take
HELMS & GREENE, LLC
Evidence Needed to Carry Burden
Evidence Needed to Carry Burden
No speculation
No Passion, Bias or Prejudice
HELMS & GREENE, LLC
Bias
Sympathy
Prejudice
Evidence
Law
HELMS & GREENE, LLC
DefensesDefenses
Legal Shoes
Parental Immunity
Statute of Limitations
HELMS & GREENE, LLC
Bonnie and Clyde
HELMS & GREENE, LLC
DefensesDefenses
Legal Shoes
Parental Immunity
Statute of Limitations
HELMS & GREENE, LLC
i
Survival Claim
Wrongful Death
Damages
Bystander Claim
HELMS & GREENE, LLC
Pecuniary LossPecuniary LossCare
Maintenance
Support
Service
Advice
Counsel
HELMS & GREENE, LLC
Loss of Companionship and Society
Loss of Companionship and Society
Relationship
Living Arrangement
Absence
Harmony of Family
Common Interest
HELMS & GREENE, LLC
Loss of InheritanceLoss of InheritanceBeneficiaries may recover the present value that the deceased would have added to the estateApartments
Stocks
Profit Sharing
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
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