Wrongful Death Claims and Survival Actions: Pursuing or Defending Claims
Assessing Claims, Proving or Defending Liability, Navigating Complex Valuation and Settlement Issues
A live 90-minute CLE webinar with interactive Q&A
Wednesday, April 26, 2017 (in 2 days)
1:00pm-2:30pm EDT, 10:00am-11:30am PDT
This CLE webinar will provide guidance to plaintiff and defense counsel for pursuing or defending against wrongful death claims and survival actions. The panel will discuss effective tactics for assessing claims, proving or defending liability, calculating damages, and negotiating settlements.
Surviving family members of an individual killed as a result of another’s negligence, whether by vehicle accident, product defect, construction site accident or medical malpractice, usually pursue wrongful death claims against one or more defendants to recover damages for loss of the decedent’s income, household services, protection, care, comfort, companionship and more.
In more than half of U.S. states, if a defendant is found to have acted maliciously, intentionally or recklessly, punitive damages may also be awarded in wrongful death cases. Additionally, the estate of the decedent may bring a survival action in tandem with a wrongful death claim to recover damages for fatal injuries, pain and suffering, and medical expenses experienced leading up to death.
Determining the value of one’s life is the most critical and difficult aspect of handling wrongful death claims. When assessing damages, counsel must take into account the 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.
Other legal and practical considerations in wrongful death cases include the selection (or striking) of sympathetic potential jurors, the potential lack of surviving eyewitnesses to testify, and the selection and reliance upon economic experts to testify regarding future damages.
Listen as our panel of practitioners with experience representing wrongful death claims and survival actions on behalf of plaintiffs or defendants examines the special aspects of these cases that set them apart from other types of personal injury cases. The panel will outline liability, evidentiary, and other legal and practical strategies for pursuing or defending against damages and negotiating settlements.
- Case assessment
- Proving or defending against liability
- Evidentiary issues
- Assessing damages, including use of economic experts
- Negotiating settlements
The panel will review these and other key issues:
- What are the legal and practical considerations for attorneys pursuing or defending wrongful death claims and survival actions?
- What challenges do counsel face in valuing wrongful death claims—and how can they be overcome?
- What defenses have been successful in these cases—and how can plaintiff counsel defeat them?
Donald Patrick Eckler, Partner
Pretzel & Stouffer,
Mr. Eckler’s practice has evolved from primarily representing insurers in coverage disputes to managing complex litigation in which he represents a wide range of professionals, businesses and tort defendants. His record of success includes numerous summary judgments, several successful trial results and multiple favorable appellate results. His coverage practice for insurers and the insured involves CGL and personal lines policies, issues involving the duties to defend and indemnify, bad faith and the application of exclusions.
Daniel M. Gilleon, Partner
The Gilleon Law Firm,
Mr. Gilleon focuses his practice on personal injury law, wrongful death, employment law, business litigation and civil rights. He is a an experienced plaintiff's civil trial attorney, and a recipient of the “Outstanding Trial Lawyer Award” given to him by peer attorneys. His extensive trial experience has led to several significant verdicts. He is often called on as a legal analyst and commentator by ABC, NBC, CBS and the Fox Network, where many of his cases have received expansive coverage.
Live Webinar $197.00
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This webinar is eligible for at least 1.5 general CLE credits.
CLE credits are not available for PR.
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CLE On-Demand Video $197.00
Available 48 hours after the live event
Includes full event recording plus handouts (available after live webinar).
Strafford is an approved provider and self-study CLE credit is available in most states.
AK, AZ, CA, CO, CT, FL, GA, HI, IA, ID, IL, KY, ME, MN, MO, MT, ND, NJ, NM, NY, OR, PA, TN, TX, UT, VT, WA, WV, WY (Note: Some states restrict CLE eligibility based on the age of a program. Refer to our state CLE Map for additional information.)
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Available 24 hours after the live event
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CLE Credits By State
The relevance of the material and impact on the PI practice area was greatly appreciated.
Derek M. Baroumes
Baroumes & Bruen
I liked the practical and specific tips.
The Cannon Law Firm
Great content, including everyday examples, provided by each speaker.
Overall, a very good presentation. For my practice, the presentation was relevant and highly informative.
Hinkle, Hensley, Shanor & Martin
The webinar was well-presented, interesting and informative.
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