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Wrongful death

February 2004 | Volume 40, Issue 2

The fear factor
Jeffrey J. Kroll

Claims for pre-impact fright are no longer limited to airline crash cases. Many courts allow the survivors of victims killed in other types of accidents to obtain damages for the horror their loved ones experienced before dying. Proof of both conscious suffering and awareness of impending death are required. Support your claim with physical evidence and testimony from psychological experts and accident reconstructionists.

When your client is a grieving family
Jeffrey P. Foote and Christine Porter

Lawyers who handle wrongful death claims are one part attorney, one part counselor. They must use a delicate hand with clients who are mourning a family member’s traumatic death. These cases may sap you emotionally and mentally, but guiding a family through a legal claim toward closure will make the effort worthwhile.

Use experts wisely to enliven a death case
Robert J. Mongeluzzi and Robert Surh

Rely on a strong team of expert witnesses as you develop your theories of liability and damages. Common themes and useful connections among their opinions can bolster your arguments and help you win compensation for your client.

Rewriting state law, one case at a time

Practicing law is about making a difference—in a client’s life and in the development of the law. Two lawyers tell how they did it: Each took a chance on a client who had a compelling story but no precedent to support her claim. In the end, both cases expanded the types of wrongful death lawsuits plaintiffs can file in their states.

Primer on wrongful death claims
Richard D. Lawrence

Every wrongful death case is different, but each one seeks to make a family whole after suffering a terrible loss. With thorough preparation and the right strategy, you can achieve that goal.

Feature

Smothered by spam
Rebecca Porter

Are junk e-mail messages—the ones that promise everything from lower interest rates to effortless weight loss—slowing down your productivity and your computer system? Recent legislation and pending lawsuits should lower the number of unsolicited messages you receive. Meanwhile, you can take action to reduce the clutter.

News & Trends

DNA evidence changes for whom the statutes toll

Med-mal caps in two states don’t reduce insurance rates

Punitive damages dispute may reach California high court

Ninth Circuit lets crime victims sue gun makers

Medication error reports rise, but many mistakes are still unreported

Court overturns government immunity in police pursuit case

Gulf War POWs can’t get satisfaction

Reservist claims civilian job discrimination

Legal profession is more diverse, EEOC finds

Departments

President’s page
The good that trial lawyers do

Washington focus
No safe harbor for polluters

Supreme Court review
How probable is 'probable cause'?

Good Counsel

Hearsay

Books

When Justice Prevails
by C. Steven Yerrid

Ultimate Punishment
by Scott Turow

Classifieds

Classifieds

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