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.

Description

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.

Outline

  1. Case assessment
  2. Proving or defending against liability
  3. Evidentiary issues
  4. Assessing damages, including use of economic experts
  5. Negotiating settlements

Benefits

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?

Faculty

Donald Patrick Eckler, Partner
Pretzel & Stouffer, Chicago

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, San Diego

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

Live Webinar $197.00

Add a colleague on the same connection in the same room for only $97.00 in the shopping cart or by calling customer service.

This webinar is eligible for at least 1.5 general CLE credits.

CLE credits are not available for PR.

*In KS, OH, PA, for more than 1 attendee on the connection you must contact Strafford CLE via email or call 1-800-926-7926 ext. 35 prior to the program for special instructions.


Recordings

CLE On-Demand - Streaming Video

Includes recorded streaming video of full program plus PDF handouts.

On-demand is the only recorded format recognized for CLE credits in DE, IN, KS, LA, MS, NC, OH, OK, SC, TN, VA, WI.

AK, AZ, CA, CO, CT, DE, FL, GA, HI, IA, ID, IL, IN*, KS, KY, LA, ME, MN, MO, MT, NC, ND, NH**, NJ, NM, NV, NY, OH*, OK, OR, PA, SC, TN, TX, UT, VA, VT, WA, WI, WV, WY (Note: Some states restrict CLE eligibility based on the age of a program. Refer to our state CLE Map for additional information.)

*Only available for attorneys admitted for more than two years. For OH CLE credits, only programs recorded within the current calendar year are eligible - contact the CLE department for verification.

**NH attendees must self-determine if a program is eligible for credit and self-report their attendance.

CLE On-Demand Video $197.00
Available 48 hours after the live event

How does this work?


Recorded 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.)

Strafford will process CLE credit for one person on each recording.

Additional copies of a recording can be purchased at a discount. Please call Strafford Customer Service toll-free at 1-800-926-7926 ext 10 or email customerservice@straffordpub.com to place your order.

Recorded Webinar Download $197.00
Available 48 hours after the live event

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Recorded Audio Download (MP3) $197.00
Available 24 hours after the live event

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DVD (Slide Presentation with Audio) $197.00 plus $9.45 S&H
Available ten business days after the live event

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Registration Plus Recorded Event

Best value!

Live Webinar & Webinar Download $274.00

Recorded Webinar Download Only $77.00 with Registration/Webinar Combo

Live Webinar & Audio Download $274.00

Recorded Audio Download (MP3) Only $77.00 with Registration/MP3 Combo

Live Webinar & DVD $274.00 plus $9.45 S&H

DVD (Slide Presentation with Audio) Only $77.00 with Registration/DVD Combo


Webinar

Strafford webinars offer several options for participation: online viewing of speaker-controlled PowerPoint presentations with audio via computer speakers or via phone; or audio only via telephone (download speaker handouts prior to the program).  Please note that our webinars do not feature videos of the presenters.

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CLE Credits By State

See CLE State Map >

or call 1-800-926-7926

Customer Reviews

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.

Natalie Lyons

The Cannon Law Firm

Great content, including everyday examples, provided by each speaker.

Tim Reed

Duncan Firm

Overall, a very good presentation. For my practice, the presentation was relevant and highly informative.

David Lawrenz

Hinkle, Hensley, Shanor & Martin

The webinar was well-presented, interesting and informative.

Randi Saul-Olson

McKinney, Wainwright & Saul-Olson

or call 1-800-926-7926

Litigation Advisory Board

David R. Cohen

Partner

Reed Smith

Jeffrey J. Fowler

Counsel

O’Melveny & Myers

Jonathan Evan Goldberg

Partner

Vandenberg & Feliu

Mark E. Goodman

Shareholder

Capes Sokol Goodman & Sarachan

Dean D. Hunt

Partner

Baker & Hostetler

Michael E. Lackey, Jr.

Partner

Mayer Brown

Stephen Paffrath

Associate

Greenberg Traurig

Anthony T. Pierce

Partner

Akin Gump Strauss Hauer & Feld

Robert B. (Barry) Wiggins

Director

Deloitte Financial Advisory Services

or call 1-800-926-7926

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Strafford webinars are backed by our 100% Unconditional Money-Back Guarantee: if you are not satisfied with any of our products, simply let us know and get a full refund. For more information regarding complaints and refunds, please contact us at 1-800-926-7926 ext 10. Complaints regarding this program can be submitted via the course evaluation found in the “Thank you” e-mail at the end of the course.