HELMS & GREENE, LLC Introduction Kirk Willis MEMBER HELMS & GREENE, LLC When it’s all on the line Adjusting Automobile accidents from the simple to the catostrophic
HELMS & GREENE, LLC Sanford & Son Hypothetical #1
HELMS & GREENE, LLC Hypothetical #2 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 #3
HELMS & GREENE, LLC Property Loss Plaintiff may testify to value Mechanic, adjuster, or expert
HELMS & GREENE, LLC Economic Damages Medical Care Loss of Earning Capacity Property Loss
HELMS & GREENE, LLC Medical Care Reasonable and Necessary Past and Future Expert Testimony Needed Demonstrative Evidence Accepted
HELMS & GREENE, LLC Loss of Earning Capacity Recovery for Impaired Ability to Earn Testimony by a Physician Testimony by Employer PROOF
HELMS & GREENE, LLC Household Services The performance of household and domestic duties by a spouse.
HELMS & GREENE, LLC “Soft” Damages Physical Pain and Suffering Past Future
HELMS & GREENE, LLC Closed Head Injuries Physical Damages Psychological Damages
HELMS & GREENE, LLC Trial Evidence Family Members and Friends Co-Workers Expert Testimony
HELMS & GREENE, LLC
1. Physical Appearance 2. Due to Wrongful Act Disfigurement Elements
HELMS & GREENE, LLC 1. Embarrassment 2. Self Consciousness Recovery PROOF 3. Loss of Intellectual Ability 4. No Need to Show Economic Loss No Longer Life of the Party Never Dances Anymore Testimony of Family:
HELMS & GREENE, LLC Loss of Consortium Affection Comfort Guidance Assistance Emotional Support Things Needed to Make Successful Marriage Children Take Too
HELMS & GREENE, LLC Not Yet Recognized in Texas Loss of Family Relations
HELMS & GREENE, LLC Loss of Enjoyment of Life Reasonable to Think About Courts not Addressed Too Vague
HELMS & GREENE, LLC Joke Break
HELMS & GREENE, LLC Survivor Action Heirs Appointed Legal Representative Estates Executor of Will
HELMS & GREENE, LLC Survivor Action Damages Pain, suffering and mental anguish Medical expenses Funeral and burial expenses Property damages Exemplary damages
HELMS & GREENE, LLC Bystander Claim Elements 3 rd 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
HELMS & GREENE, LLC Bystander Claims “Dillion” Rule “Zone of Danger” “Contemporaneous Perception” “Close Relationship Requirement”
HELMS & GREENE, LLC Where the plaintiff and victim were closely related Plaintiff was near scene of accident Contemporaneous perception Bystander Claims
HELMS & GREENE, LLC Wrongful Parties Surviving Spouse Children Parents
HELMS & GREENE, LLC Parents Natural? Adopted? Stepparents? Foster Parents? Managing Conservator?
HELMS & GREENE, LLC Children Minors and Adoptees Illegitimate Children Adult Children
HELMS & GREENE, LLC Exemplary Damages Limits to Recovery Spouse “Heirs of the Body” Parents Do Not Take
HELMS & GREENE, LLC Defenses Legal Shoes Parental Immunity Statute of Limitations
HELMS & GREENE, LLC Pecuniary Loss Care Maintenance Support Service Advice Counsel
HELMS & GREENE, LLC Loss of Companionship and Society Relationship Living Arrangement Absence Harmony of Family Common Interest
HELMS & GREENE, LLC Loss of Inheritance Beneficiaries may recover the present value that the deceased would have added to the estate Apartments Stocks Profit Sharing
HELMS & GREENE, LLC Mental Anguish Emotional Pain Torment Anguish Rather than Physical Pain
HELMS & GREENE, LLC 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
HELMS & GREENE, LLC Evidence Needed to Carry Burden No speculation No Passion, Bias or Prejudice
HELMS & GREENE, LLC When it’s all on the line Thank You Kirk Willis Partner