UNDERSTANDING THE LAW OF DAMAGES IN VIRGINIA PERSONAL INJURY CASES

Size: px
Start display at page:

Download "UNDERSTANDING THE LAW OF DAMAGES IN VIRGINIA PERSONAL INJURY CASES"

Transcription

1 UNDERSTANDING THE LAW OF DAMAGES IN VIRGINIA PERSONAL INJURY CASES A potential client was severely injured in a motor vehicle collision. Four months in the hospital, six months of physical therapy, and five surgeries later, he is now at the point where he can begin to deal with his claim. All of his anger is focused on wanting to get his pound of flesh from the idiot tractor trailer driver who fell asleep at the wheel, ran the red light and T boned him in his brand new Porsche Boxster S. He has heard that you are the best of the best, the veritable cat s meow of personal injury attorneys in Virginia. During your meeting, you notice his eyes darting to your office walls, trying to read all of the accolades you have received over the years for your excellence in the personal injury arena. Inevitably, he gets around to the $64, question: How much can I get? Seasoned courtroom vet that you are, you give him a thorough lecture on the law of damages in Virginia, injecting into your tutorial the usual caveats about the vagaries of litigation and that there is no guarantee of an outcome. Juries do crazy things sometimes, etc. With sufficient limiting language, this culminates in your best estimate of what his case is worth. He leaves with a smile of satisfaction on his face, and a matching smile on yours as you look down at the executed retainer agreement. In this paper and presentation, we will look at a relatively straightforward topic the law of damages in personal injury cases in Virginia. We focus solely on the garden variety type of personal injury case, and include a discussion of wrongful death and survival damages. We will not address the presentation of damages, as that is covered otherwise in this series of presentations.

2 1. GENERAL PERSONAL INJURY DAMAGES (ECONOMIC AND NON ECONOMIC) The standard for your burden of proof in a negligence based personal injury case is preponderance of the evidence, or more likely than not. I like to call it 51%. Some of my sharper colleagues call it 50.1%. The jury instructions refer to it as the greater weight of the evidence. VMJI Civil Under the general rubric of compensatory damages, we refer to its two components as economic damages and non economic damages. Economic damages refers to compensation for objectively verifiable monetary losses, such as past and future medical expenses, loss of past and future earnings, loss of use of property, costs of repair or replacement, etc. Non economic damages refers to compensation for subjective, non monetary losses such as pain, suffering, inconvenience, emotional distress, loss of society and companionship, loss of consortium, and loss of enjoyment of life. Subject to the trial court s statutory right to reduce the verdict (remittitur) or to increase the verdict (additur), there is no cap on compensatory damages in a personal injury action. Under VMJI , the jury is instructed to consider all of the following in formulating its compensatory damages (i.e., both economic and non economic) award in a personal injury case: (1) any bodily injuries he sustained and their effect on his health according to their degree and probable duration; (2) any physical pain [and mental anguish] he suffered in the past [and any that he may be reasonably expected to suffer in the future]; (3) any disfigurement or deformity and any associated humiliation or embarrassment; (4) any inconvenience caused in the past [and any that probably will be caused in the future]; 2

3 (5) any medical expenses incurred in the past [and any that may be reasonably expected to occur in the future]; (6) any earnings he lost because he was unable to work at his calling; (7) any loss of earnings and lessening of earning capacity, or either, that he may reasonably be expected to sustain in the future; (8) any property damage he sustained. VMJI Civil Certainly, if the plaintiff does not adduce any evidence from which a jury can reasonably find or infer any particular category of damage listed above, then the Court may refuse to include in its instructions any such elements of damages. For example, if the plaintiff did not miss any work as the result of the subject incident, a good defense counsel will generally request that the Court omit such an element from the instruction. Remember the instruction as written is not sacrosanct. It will be adjusted in light of the evidence adduced at trial. Defense counsel may also seek to exclude such evidence in limine, prior to trial. Also, sometimes the jury can infer from the evidence that the plaintiff suffered a type of compensable damage. For example, in Armstead v. James, 220 Va. 171, , 257 S.E.2d 767, 769, 1979 Va. LEXIS 250, ***7, the plaintiff, who had been in a motor vehicle collision, suffered a rather severe deformity of her arm as the result of an elbow injury. During his testimony, her physician mentioned the deformity at least three times. The trial court refused to submit to the jury the language of subsection (3) of VMJI Civil 9.000, regarding disfigurement or deformity and any associated humiliation or embarrassment. In reversing the trial court, the Virginia Supreme Court held: The trial court also erred in requiring, as a condition to including the foregoing paragraph in the damage instruction, direct testimonial evidence of humiliation and embarrassment associated with the deformity. Under similar facts involving a leg injury, we held in [*174] Beasley v. Bosschermuller, 206 Va. 360, 367, 143 S.E.2d 881, 887 (1965), that with evidence of a deformity the jury could have properly concluded, without being presented with direct evidence on the subject, that plaintiff's injuries were a source of humiliation and 3

4 embarrassment to him. We thus decided that the trial court properly included such an element in the damage instruction. Id. (emphases added). It is also important to remember that you do not need to prove the exact amount or with absolute precision the amount of the plaintiff s damages. The plaintiff must show sufficient facts and circumstances to permit [the jury] to make a reasonable estimate of each item [of damages]. VMJI Civil Pursuant to Va. Code Ann , you are expressly permitted to inform the jury of the amount of damages sought by the plaintiff, in the opening statement, in closing argument, or both. You may also request an amount which is less than the ad damnum in the complaint. Id. As a general matter, prior to closing arguments, the Court will inquire of you as to whether you intend to mention the amount sued for, so that the Court can give an instruction that the amount sued for is not evidence. Id. Interest on the judgment will run at 6% per annum until paid. See, Va. Code Ann , as made applicable by COLLATERAL SOURCE RULE More and more, states are passing anti collateral source rule statutes. Such statutes generally provide that a plaintiff in a personal injury action can only recover for medical expenses to the extent that the claimant actually paid or was responsible for paying such expenses. It can also apply where, for example, a person who is injured still receives his salary from his employer during his time off due to the injury (sick leave, vacation time, accrued comp time, random act of kindness, etc.). For example, Texas has enacted Tex. Civ. Prac. & Rem. Code , entitled Evidence Relating to Amount of Economic Damages, which provides: In addition to any other limitation under law, recovery of medical or health care expenses incurred is limited to the amount actually paid or incurred by or on behalf of the claimant. Id. The purpose is obvious. Texas has a public policy that favors the tort defendant in a situation where the claimant has health insurance, and does not wish to confer the possibility of a double recovery or windfall by the claimant. 4

5 In Virginia, on the other hand, the collateral source rule is still alive and well. Because the mere mention of the word insurance at a personal injury trial in Virginia runs the serious risk of a mistrial, rarely will the Court give a collateral source rule instruction. However, it does exist. Under VMJI 9.015, the jury is instructed: The presence or absence of insurance or benefits of any type, whether liability insurance, health insurance, or employment related benefits for either the plaintiff or the defendant, is not to be considered by you in any way in deciding the issue of liability or, if you find your verdict for the plaintiff, in considering the issue of damages. The existence or lack of insurance or benefits shall not enter into your discussions or deliberations in any way in deciding the issues in this case. You shall decide this case solely on the basis of the testimony and evidence presented in the courtroom, as well as the other instructions given to you by the court. Id. The Virginia Supreme Court squarely addressed the issue, in the lost income context, in Bullard v. Alfonso, 267 Va. 743, 595 S.E.2d 284, 2004 Virginia LEXIS 65. In Bullard, a plaintiff in a motor vehicle personal injury case asserted that due to his collision related injuries, he had been unable to work as a drywall hanger for about six months, at a monthly wage of $4, However, the employer had continued to pay him his wages during that period when he was unable to work. The defendant moved in limine to exclude the lost wage claim since he had continued to receive his salary during that period. The trial court granted the motion and excluded the evidence of lost wages. After a verdict in his favor on a much lesser amount, the plaintiff appealed. In reversing and remanding the case, the Virginia Supreme Court made two observations. First, it cited to Va. Code Ann , which specifically provides: In any suit brought for personal injury or death, provable damages for loss of income due to such injury or death shall not be diminished because of reimbursement of income to the plaintiff or decedent from any other source, nor shall the fact of any such reimbursement be admitted into evidence. Id. Second, the Court cited to the collateral source rule, which was first recognized by that Court more than a century ago, in Baltimore & Ohio R.R. Co. v. Wightman, 70 Va. (29 Gratt) 431 5

6 (1877). The Court noted one of its recent decisions, Acuar v. Letourneau, 260 Va. 180, 192, 531 S.E.2d 316, 322, 2000 Va. LEXIS 107, ***23, where it held that the portions of bills for medical expenses written off by a plaintiff s health care providers could not be deducted from the amount of damages owed by a tortfeasor. The Court stated that the injured party should be made whole by the tortfeasor, not by a combination of compensation from the tortfeasor and collateral sources. Id. Virginia even has an anti subrogation law, Va. Code Ann , which bars health insurers who have reimbursed the plaintiff s health care providers from asserting subrogation liens against the civil claim. However, if the insurer is a self funded plan, then under federal preemption, ERISA preempts the statute s application to a self funded benefit plan, and subrogation can be asserted. State Farm Mut. Auto. Ins. Co. v. Smith, 342 F. Supp. 2d 541, (W.D. Va. 2004). 3. DUTY TO MITIGATE DAMAGES In a personal injury trial, undoubtedly every good defense attorney will request that the Court give VMJI Civil 9.020, which requires the plaintiff to mitigate his damages: The plaintiff has a duty to minimize his damages. If you find that the plaintiff did not act reasonably to minimize his damages and that, as a result, they increased, then he cannot recover the amount by which they increased. Id. In the absence of any evidence supporting the notion that your client failed to minimize his damages, you should argue vehemently against the giving of this instruction. In Brown v. Huddleston, 213 Va. 146, 191 S.E.2d 234 (1972), the Virginia Supreme Court approved the trial court's action in giving such an instruction in a personal injury case in which the jury awarded the plaintiff $1, in damages. In that case, within seventeen days of the motor vehicle collision, the plaintiff's treating physician could find nothing physically wrong with her. Nevertheless, the plaintiff thereafter visited another physician thirty three times before the date of that trial, held almost three years after the collision, complaining of pain in her neck, hips and lower spine. At trial, the plaintiff claimed special damages of $

7 The Court held that it was not error to grant an instruction on the duty to minimize damages because "the instruction merely permitted the jury to disallow those items of damage which it found not reasonably related to the accident." Id, 213 Va. at 148, 191 S.E.2d at 235. But be warned if a client ignores his physician s repeated recommendations for treatment, and as a result either gets worse or his recuperation is severely delayed, you may find yourself facing such an instruction. 4. AGGRAVATION OF PRE EXISTING CONDITION We all remember learning in Torts 101 about the eggshell plaintiff theory. In a nutshell (or perhaps an eggshell might be the better terminology), the tortfeasor takes his plaintiff as he is predispositions to injury, pre existing conditions, and all. While the plaintiff cannot recover for the pre existing condition itself, he can certainly recover for any aggravation of that condition, as well as for any increased severity or difficulty in treatment. VMJI Civil reads as follows: If you find that the plaintiff had a condition before the accident that was aggravated as a result of the accident or that the pre existing condition made the injury he received in the accident more severe or more difficult to treat, then if you find your verdict for the plaintiff, he may recover for the aggravation and for the increased severity or difficulty of treatment, but he is not entitled to recover for the pre existing condition. Id. But make sure that in presenting your evidence, you separate the proverbial wheat from the chaff, and do not overreach if your client had a pre existing condition, or the jury will bite your hand off and penalize your client. Bring out the pre existing condition during your case in chief, embrace it, and emphasize to the jury that is because of the pre existing condition that your client was so severely injured; indeed, much more severely injured than an otherwise healthy individual would have been. Explain that instruction to the jury in sufficient detail, so that when they deliberate, they have a clear understanding of your client s rights. 5. AGGRAVATION OF INJURIES BY PHYSICIAN 7

8 Imagine that your client is involved in a motor vehicle collision, and is taken to the emergency room, where the doctor botches the treatment, a terrible infection sets in, and your client loses his leg. Had the doctor met the standard of care, your client would have fully healed without any serious consequences. Is that considered a superseding or intervening cause, such that the original tortfeasor s liability would be cut off? No. Virginia follows the rule that where one has received a personal injury as a result of the negligence of another and pursues due care in the selection of a physician or surgeon to treat the injuries and they are aggravated by the negligent treatment of such physician or surgeon, the person causing the original injury is liable for the resulting damage to the full extent. Fauver v. Bell, 192 Va. 518, 65 S.E.2d 575, 578 (1951). Id. This is reflected in VMJI Civil 9.040: If you believe by the greater weight of the evidence: (1) that the defendant is liable for the plaintiff's injuries; (2) that the plaintiff used reasonable care in selecting a physician to treat his injuries; and (3) that the treating physician made the injuries worse; then the plaintiff is entitled to damages from the defendant for the increase in his injuries caused by the physician. 6. PUNITIVE DAMAGES Under Virginia law, in order to recover punitive damages, the plaintiff must prove that the defendant acted either with actual malice or with willful and wanton negligence. VMJI Civil The purpose of punitive damages is twofold: (1) to punish the defendant for his actions; and (2) to serve as an example to prevent others from acting in a similar way. Id. Actual malice is defined as a sinister or corrupt motive such as hatred, personal spite, ill will, or a desire to injure the plaintiff. VMJI Civil The Virginia Supreme Court, in Alfonso v. 8

9 Robinson, 257 Va. 540, 545; 514 S.E.2d 615, 618; 1999 Va. LEXIS 66, ***7 8, explained willful and wanton negligence: Id. Willful and wanton negligence is action taken in conscious disregard of another's rights, or with reckless indifference to consequences that the defendant is aware, from his knowledge of existing circumstances and conditions, would probably result from his conduct and cause injury to another. Harris v. Harman, 253 Va. 336, , 486 S.E.2d 99, 101 (1997); Clohessy v. Weiler, 250 Va. 249, 252, 462 S.E.2d 94, 96 (1995); Griffin v. Shively, 227 Va. 317, , 315 S.E.2d 210, 213 (1984). Each case raising an issue of willful and [***8] wanton negligence must be evaluated on its own facts, and a defendant's entire conduct must be considered in determining whether his actions or omissions present such a question for a jury's determination. Clohessy, 250 Va. at 253, 462 S.E.2d at 97; Huffman v. Love, 245 Va. 311, , 427 S.E.2d 357, (1993). Willful and wanton negligence, unlike gross or ordinary negligence, requires an actual or constructive consciousness that injury will result from the act done or omitted. Infant C. v. Boy Scouts of America, Inc., 239 Va. 572, , 391 S.E.2d 322, 327 (1990); see Wolfe v. Baube, 241 Va. 462, 465, 403 S.E.2d 338, (1991); Boward v. Leftwich, 197 Va. 227, 231, 89 S.E.2d 32, 35 (1955). However, ill will is not a necessary element of willful and wanton negligence. Infant C., 239 Va. at 581, 391 S.E.2d at 327; Baker v. Marcus, 201 Va. 905, 909, 114 S.E.2d 617, 621 (1960). Unfortunately, there is a $350, punitive damages cap in Virginia. Va. Code Ann The cap has been held to be constitutional. See, Wackenhut Applied Technologies Ctr., Inc. v. Sygnetron Protection Sys., 979 F.2d 980 (4th Cir. 1992). The cap applies to the action as a whole, and not to each defendant. Al Abood v. El Shamari, 217 F.3d 225, 2000 U.S. App. LEXIS (4th Cir. 2000). So if you are asserting punitives against a mega corporation, it is questionable as to how much punishment a $350, award would have, or how much deterrent effect it would have on a similar corporation. Virginia has a separate statute addressing the recovery of punitive damages against an intoxicated driver. The standard malice or willful and wanton misconduct is the same, but can be proven in a slightly different manner. Under Va. Code Ann , the jury may 9

10 award punitive damages in a motor vehicle tort action if the evidence proves malice or willful and wanton misconduct. The plaintiff may prove such conduct by adducing evidence that: (i) when the incident occurred, defendant had a BAC of 0.15% or greater; (ii) at the time defendant began drinking alcohol, or during the time he was drinking alcohol, he knew/should have known his ability to operate motor vehicle, engine or train would be impaired, or when operating the vehicle he knew/should have known his ability to operate a motor vehicle was impaired; and (iii) defendant s intoxication was a proximate cause of the injury/death. If the defendant unreasonably refused to submit to a BAC test, willful or wanton misconduct may be proven if the evidence shows that (i) when the incident occurred, the defendant was intoxicated (may be proven by evidence about conduct or condition); (ii) at the time the defendant began drinking alcohol or during the time he was drinking alcohol, he knew/should have known his ability to operate motor vehicle was impaired; and (iii) defendant s intoxication was a proximate cause of the injury/death. Finally, punitive damages are available in a wrongful death action as well, and the jury may distribute the punitive damages amongst/between the statutory beneficiaries. Va. Code Ann (5); VMJI Civil REMITTITUR, ADDITUR, NEW TRIAL All of us dream about the day when during deliberations, the jury that sends out a note, asking: Are we limited in our award to the amount that the plaintiff sued for? Remember that while the trial judge for all intents and purposes appears to be the umpire during the trial, he/she wields the heaviest of judicial sticks when it comes to the amount of the verdict. The jury can award a billion dollars, but if the judge thinks it is too much, it will be reduced ( remittitur ). Similarly, if the judge thinks the award is too low, he/she can increase it ( additur ). Or the judge can order a new trial twice. The jury is not told any of this, of course. However, the Virginia Code addresses these situations. Under Va. Code Ann , in any civil case tried before a jury, and absent any other special provision to the contrary, the court may grant a new trial, including the scenario where the court deems the damages too small or excessive. But no more than two trials may be 10

11 granted (either by the trial court r an appellate court) to the same party in the same case on the ground that the verdict is contrary to the evidence. Id. The power to order a remittitur lies within the sound discretion of the trial court. Robinson v. Old Dominion Freight Line, 236 Va. 125, 372 S.E.2d 142 (1988). In Rutherford v. Zearfoss, 221 Va. 685, 689; 272 S.E.2d 225, ; 1980 Va. LEXIS 290, ***10, citing Smithey v. Refining Co., 203 Va. 142, 146, 122 S.E.2d 872, 876 (1961), the Virginia Supreme Court recited the standard for a trial court s grant of a remittitur: Id. But if it appears that the verdict is so excessive as to shock the conscience of the court and to create the impression that the jury has been influenced by passion, corruption or prejudice, or has misconceived or misunderstood the facts or the law, or if the award is so out of proportion to the injuries suffered to suggest that it is not the product of a fair and impartial decision, then it becomes the plain duty of the judge, acting within his legal authority, to correct the injustice. Once a trial judge reaches the conclusion that a verdict is excessive and that a new trial should be ordered, it is in his discretion to decide whether a new trial should be on damages alone or on all issues ab initio (from the beginning). Rutherford, 221 Va. at ; 272 S.E.2d at 228; 1980 Va. LEXIS 290 at ***11. But must be read congruently with Va. Code Ann , which governs appeals arising out of additurs and remittiturs. Under that statute, in the case of a remittitur (i.e., where the court requires the plaintiff to reduce his recovery or submit to a new trial), the plaintiff may remit and accept judgment for the reduced sum under protest, but then petition for an appellate review of same. Similarly, if the defendant is awarded an appeal, the Supreme Court may review the remitted judgment, regardless of the amount. In the event that the trial court finds that the award is inadequate, then the court may (1) award a new trial or (2) require the defendant to pay an amount in excess of the verdict. If either the plaintiff or the defendant declines to accept the additional award, then the court must award a new trial. If additur is accepted by either party under protest, it may be reviewed on appeal. Id. 8. LIFE EXPECTANCY 11

12 Virginia has codified a life expectancy table at Va. Code Ann , both by gender and combined. In any wrongful death case or personal injury case where you are asserting permanency of injury, it is imperative that you request that the Court give VMJI Civil 9.120, which reads: You should consider the life expectancy figure introduced as evidence along with any other evidence relating to the health, constitution, and habits of (name of plaintiff) [(name of decedent)] in determining his life expectancy. Id. This is a very effective tool to use in wrongful death cases (discussed below). I always introduce the life expectancy not only of the decedent, but also the life expectancy of each of the statutory beneficiaries, so that the jury can see the total number of years lost with the decedent as a result of the tortious death. Virginia courts in my experience have always given an instruction on the statutory life expectancy of the decedent and each beneficiary. Be ready to defend the health of any such individual so that the defense is not able to reduce the life expectancy by introducing adverse health issues, which the jury may consider. 9. SURVIVAL ACTIONS To suggest that Virginia recognizes survival actions in the traditional sense of the word is a bit of a misnomer. While jurisdictions such as Maryland and the District of Columbia each recognize both a survival and a wrongful death action arising out of a death caused by the tortious act of another, Virginia does not. In aberration of the common law, Virginia does recognize a survival action, but only if the cause of action arises from an injury which did not cause the death of the injured person. In other words, assume that a person suffers injury at the hands of another. This gives rise to a tort claim for that injury, whether based in negligence, gross negligence, willful and wanton misconduct, etc. If the injured person dies after the cause of action for that injury accrues, but dies of causes unrelated to the injury, then the action would proceed as a survival action under Va. Code Ann In other words, it is brought solely on behalf of the estate of the decedent, i.e., the pre death accrued cause of action survives the person s death. 12

13 Thus, a true survival action in Virginia is really a garden variety personal injury case, but the claimant is deceased. Thus, when preparing a jury instruction akin to VMJI Civil discussed above, you will need to revise the instruction to eliminate any mention of future loss. 10. WRONGFUL DEATH As discussed above, in Virginia there really is no survival action that can be brought when the tortious act causes the death. Indeed, under Va. Code Ann and , if an injured person, while alive, commences a personal injury action for damages, and then dies as a result of the injury complained of, the action must be amended so as to conform with In other words, it must be converted into a wrongful death action. See, e.g., Wright v. Eli Lilly & Co., 65 Va. Cir. 485, 2004 Va. Cir. LEXIS 295 (Portsmouth 2004). This dramatically changes the landscape of the case. No longer is the claim brought for the benefit of the estate, but rather, it becomes a wrongful death action brought solely for the benefit of the wrongful death statutory beneficiaries. As such, any damages recovered in a wrongful death action are not part of the decedent s estate, and can be distributed as set forth in the applicable statutes. Porter v. VEPCO, 183 Va. 108, 31 S.E.2d 337 (1944). Under Va. Code Ann (B), every wrongful death action shall be brought by and in the name of the personal representative of the deceased person. The categories of damages recoverable on behalf of the statutory beneficiaries in a wrongful death action are listed in Va. Code Ann , and reiterated in VMJI Civil 9.100, as follows: If you find your verdict for the plaintiff, then in determining the damages to which he is entitled, you shall include, but are not limited to, any of the following which you believe by the greater weight of the evidence were caused by the negligence of the defendant as damages suffered by the beneficiaries: (1) any sorrow, mental anguish, and loss of solace suffered by the beneficiaries. Solace may include society, companionship, comfort, guidance, kindly offices, and advice of the decedent; (2) any reasonably expected loss in income of the decedent suffered by the beneficiaries; (3) any reasonably expected loss of services, protection, care, and assistance which the decedent provided to the beneficiaries; 13

14 (4) any expenses for the care treatment, and hospitalization of the decedent incident to the injury resulting in his death; and (5) reasonable funeral expenses. If you award damages under paragraphs (1), (2), and (3) above, you may distribute these damages among [between] (name of spouse, children, and children of any deceased child of decedent) or (names of surviving statutory beneficiaries). If you award damages under (4) and (5) above, you shall specifically state the amount of damages for each. Id. Va. Code Ann further requires that with respect to damages recoverable under subsections (4) and (5), as well as punitive damages, such damages shall be specifically stated by the jury or the court. Damages recoverable under subsections (4) and (5) shall be apportioned among the creditors who rendered such services, as their respective interest may appear. Id. As mentioned above, if the jury finds the requisite degree of conduct willful or wanton conduct, or such recklessness as evinces a conscious disregard for the safety of others punitive damages may be awarded in wrongful death cases. See, Va. Code Ann (5); VMJI Civil The jury is instructed that if it awards punitive damages, it must state separately in the verdict the amount it allows as punitive damages, and it may distribute those damages among/between the surviving statutory beneficiaries. Id. However, punitive damages may not be awarded after the death of the party liable for the injury. Va. Code Ann In other words, a plaintiff cannot recover punitive damages against the estate of a deceased tortfeasor. Presumably this is because the punishment prong of the dual purposes for punitives goes away. How and when are the statutory beneficiaries identified and defined? Va. Code Ann delineates the classes and order of beneficiaries. Wrongful death damages are distributed as follows: (i) to the surviving spouse, children of the deceased and children of any deceased child of the deceased OR 14

15 (ii) (iii) (iv) (v) if there be none such, then to the parents, brothers and sisters of the deceased, and to any other relative who is primarily dependent on the decedent for support or services and is also a member of the same household as the decedent OR if the decedent has left both surviving spouse and parent or parents, but no child or grandchild, the award shall be distributed to the surviving spouse and such parent or parents OR if there are no survivors under clause (i) or (iii), the award shall be distributed to those beneficiaries and to any other relative who is primarily dependent on the decedent for support or services and is also a member of the same household as the decedent OR if no survivors exist under clause (i), (ii), (iii), or (iv), the award shall be distributed in the course of descents as provided for in Id. However, no parent whose parental rights and responsibilities have been terminated either judicially or by a permanent entrustment agreement with a child welfare agency are eligible to recover. Id. Relative is defined as any person related to the decedent by blood, marriage, or adoption and also includes a stepchild of the decedent. Id. Under Va. Code Ann , any verdict and judgment in a wrongful death action must specify the amount or proportion of the award to be received by each beneficiary. Either party has the right to have the jury instructed to apportion the award. However, if the jury either is unable to agree on an apportionment or it fails to do so, the Court may do so, and may hear additional evidence. The amount recovered is paid to the personal representative who must first pay the costs and reasonable attorney s fees, then distribute the amounts specifically allocated to hospital, medical and funeral expenses. The remainder is then distributed to the beneficiaries such funds are free from all debts and liabilities of the decedent. Id. The class and beneficiaries eligible to receive distribution of wrongful death proceeds is fixed (i) at the time the verdict is entered if the jury makes the specification, or (ii) at the time the judgment is rendered if the court specifies the distribution. Va. Code Ann (B). 15

16 Several years ago, I handled a case where a fourteen year old girl was killed as a pedestrian, by a motor vehicle driver. She was survived by her two parents and two brothers. However, between the time of her death and the verdict, her parents had another daughter. The jury awarded a total of $2,016,000.00, and apportioned $50, of the award to the after born sibling. Any beneficiary may renounce his interest in any wrongful death action. If that happens, then the damages are distributed to the beneficiaries in the same class as the renouncing beneficiary, or if none, to the beneficiaries in any subsequent class in the order of priority set forth in (A) (C). CONCLUSION With little exception, the damages recoverable in a Virginia personal injury/wrongful death action are purely a matter of statute. Hopefully this paper serves as a primer to help you identify the pertinent statutes to review, and give you guidance when prosecuting your personal injury case. This paper is not meant to suggest how you present your damages evidence or what experts to hire, as that is covered in another presentation, and is limited only by your own creativity. I strongly encourage you to think outside the box when formulating your damages calculations. For example, consider all consequential damages resulting from the injury. The way I like to describe it is to instruct the client, Tell me every single expense you have incurred, or anticipate incurring, that but for this incident you would not have incurred. This can include things such as hiring lawn maintenance people because the client cannot mow the lawn; taking taxis everywhere because he cannot drive; purchasing special pillows/cushions to help ease the pain; hiring a maid to do household services he used to do, etc. Obviously medical experts will have to give you opinions regarding future medical needs, but make sure to contemplate lost future earnings during such period of future medical treatment. You may even need to hire a vocational rehabilitation consultant to opine as to diminished earning capacity. The list goes on and on. In the wrongful death context, make sure to focus both on the financial losses (lost earnings capacity, household services cost, medical expenses, funeral expenses) and the 16

17 psychological losses (consider introducing expert testimony regarding grief counseling, therapeutic needs for the beneficiaries). Your job is to paint a full picture of the impact of the death upon the beneficiaries, both economic and non economic. If punitive damages are warranted, then your job is to introduce evidence sufficient to meet your burden of proof for the degree of conduct. Good luck! Peter Grenier If you are an injured victim, or an attorney, and would like to discuss a potential case. Please contact my firm at (202) I would be happy to hear from you. The information provided herein is intended for informational purposes only. This information may not reflect current legal developments and is general in nature. Nothing set forth herein should be construed as providing legal advice regarding an individual situation. No attorney-client relationship is created between the reader or user of this material and Grenier Law Group PLLC. Reading the information herein, sending us information, or receipt of information from us does not establish an attorney-client relationship. We invite you to contact us, and we welcome your calls, letters and electronic mail, however; contacting Grenier Law Group PLLC does not contractually obligate Grenier Law Group PLLC to represent you as your attorney, does not create an attorney-client relationship or other privileged or confidential relationship, and provides Grenier Law Group PLLC the right to use or disclose any such information that has been submitted to Grenier Law Group or its attorneys. 17

PREVIEW. 1. The following form may be used to file a personal injury lawsuit.

PREVIEW. 1. The following form may be used to file a personal injury lawsuit. Information or instructions: Plaintiff's original petition-auto accident 1. The following form may be used to file a personal injury lawsuit. 2. It assumes several plaintiffs were rear-ended by an employee

More information

PREVIEW PLEASE DO NOT COPY THIS DOCUMENT THANK YOU. LegalFormsForTexas.Com

PREVIEW PLEASE DO NOT COPY THIS DOCUMENT THANK YOU. LegalFormsForTexas.Com Form: Plaintiff's original petition-wrongful Death [Name], PLAINTIFF vs. [Name], DEFENDANT [ IN THE [Type of Court] COURT [Court number] PLAINTIFF'S ORIGINAL PETITION 1. DISCOVERY CONTROL PLAN 1.1 Plaintiff

More information

AN OVERVIEW OF DAMAGES IN GEORGIA. By Craig R. White

AN OVERVIEW OF DAMAGES IN GEORGIA. By Craig R. White AN OVERVIEW OF DAMAGES IN GEORGIA By Craig R. White SKEDSVOLD & WHITE, LLC. 1050 Crown Pointe Parkway Suite 710 Atlanta, Georgia 30338 (770) 392-8610 FAX: (770) 392-8620 EMAIL: cwhite@skedsvoldandwhite.com

More information

Table of Contents. Selected Iowa Wrongful Death Laws and Rules

Table of Contents. Selected Iowa Wrongful Death Laws and Rules Table of Contents 1. What is a wrongful death claim?... 2 2. Who may recover compensation for a wrongful death?... 3 3. How is a wrongful death claim commenced?... 4 4. What types of losses are compensated

More information

Wrongful Death and Survival Actions In Maryland & the District of Columbia

Wrongful Death and Survival Actions In Maryland & the District of Columbia Open Your Eyes Wrongful Death and Survival Actions In Maryland & the District of Columbia A Wrongful Death Action What is a wrongful death lawsuit? In the context of a medical malpractice lawsuit, wrongful

More information

ASSEMBLY BILL No. 597

ASSEMBLY BILL No. 597 AMENDED IN ASSEMBLY APRIL 14, 2015 california legislature 2015 16 regular session ASSEMBLY BILL No. 597 Introduced by Assembly Member Cooley February 24, 2015 An act to amend Sections 36 and 877 of, and

More information

809.142 MEDICAL MALPRACTICE DAMAGES WRONGFUL DEATH GENERALLY. 1

809.142 MEDICAL MALPRACTICE DAMAGES WRONGFUL DEATH GENERALLY. 1 Page 1 of 5 809.142 MEDICAL MALPRACTICE DAMAGES WRONGFUL DEATH GENERALLY. 1 (Use for claims filed on or after 1 October 2011. For claims filed before 1 October 2011, use N.C.P.I.-Civil 810.42 et seq.)

More information

ASSEMBLY BILL No. 597

ASSEMBLY BILL No. 597 california legislature 2015 16 regular session ASSEMBLY BILL No. 597 Introduced by Assembly Member Cooley February 24, 2015 An act to amend Sections 36 and 877 of, and to add Chapter 6 (commencing with

More information

IN THE COURT OF APPEALS OF INDIANA

IN THE COURT OF APPEALS OF INDIANA FOR PUBLICATION ATTORNEYS FOR APPELLANT: JOHN O. WORTH Worth Law Office Rushville, Indiana ATTORNEY FOR APPELLEE: JULIE A. NEWHOUSE Newhouse & Newhouse Rushville, Indiana RODNEY V. TAYLOR MICHAEL A. BEASON

More information

****************************************************** The officially released date that appears near the beginning of each opinion is the date the

****************************************************** The officially released date that appears near the beginning of each opinion is the date the ****************************************************** The officially released date that appears near the beginning of each opinion is the date the opinion will be published in the Connecticut Law Journal

More information

IN THE COMMONWEALTH COURT OF PENNSYLVANIA

IN THE COMMONWEALTH COURT OF PENNSYLVANIA IN THE COMMONWEALTH COURT OF PENNSYLVANIA Jay Ebersole, Administrator of the : Estate of Stephanie Jo Ebersole, : Deceased : : v. : No. 1732 C.D. 2014 : Argued: February 9, 2015 Southeastern Pennsylvania

More information

Fourth Court of Appeals San Antonio, Texas

Fourth Court of Appeals San Antonio, Texas Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-13-00815-CV IN THE ESTATE OF Alvilda Mae AGUILAR From the Probate Court No. 2, Bexar County, Texas Trial Court No. 2012-PC-2802 Honorable

More information

FLORIDA WRONGFUL DEATH ACT

FLORIDA WRONGFUL DEATH ACT FLORIDA WRONGFUL DEATH ACT (STATUTES) Disclaimer: This is part of the 2012 version of Florida Statutes and it is offered for general information purposes. The statutes on this site should not be relied

More information

but does not include

but does not include WRONGFUL DEATH ACCOUNTABILITY ACT SEPTEMBER 2011 Contents 1 Definitions 2 Actions for Wrongful Death Scope 3 Action to be Prosecuted on Behalf of Decedent s Estate Time Limits 4 Types of Damages Recoverable

More information

UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF VIRGINIA Richmond Division

UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF VIRGINIA Richmond Division PUBLISHED UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF VIRGINIA Richmond Division IN RE: WILLIAM G. DADE ) Case No. 00-32487 ANN E. DADE ) Chapter 7 Debtors. ) ) ) DEBORAH R. JOHNSON ) Adversary

More information

Home Model Legislation Commerce, Insurance, and Economic Development. Consumer Choice Motor Vehicle Insurance Act

Home Model Legislation Commerce, Insurance, and Economic Development. Consumer Choice Motor Vehicle Insurance Act Search GO LOGIN LOGOUT HOME JOIN ALEC CONTACT ABOUT MEMBERS EVENTS & MEETINGS MODEL LEGISLATION TASK FORCES ALEC INITIATIVES PUBLICATIONS NEWS Model Legislation Civil Justice Commerce, Insurance, and Economic

More information

Memorandum. Trial Counsel in Medical Malpractice Cases. John E. Wetsel, Jr., Judge. From: Date: December 11, 2012. Sample Instructions.

Memorandum. Trial Counsel in Medical Malpractice Cases. John E. Wetsel, Jr., Judge. From: Date: December 11, 2012. Sample Instructions. Memorandum To: From: Trial Counsel in Medical Malpractice Cases John E. Wetsel, Jr., Judge Date: December 11, 2012 Subject: Sample Instructions ============================== Here is a complete set of

More information

ALABAMA COURT OF CIVIL APPEALS

ALABAMA COURT OF CIVIL APPEALS REL: 12/09/2005 STATE FARM v. BROWN Notice: This opinion is subject to formal revision before publication in the advance sheets of Southern Reporter. Readers are requested to notify the Reporter of Decisions,

More information

Date: February 16, 2001

Date: February 16, 2001 ,QWHUQDO5HYHQXH6HUYLFH Number: 200121031 Release Date: 5/25/2001 Index No.: 104.03-00 Department of the Treasury Washington, DC 20224 Person to Contact: Telephone Number: Refer Reply To: CC:ITA:1 PLR-122136-00

More information

GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2011 HOUSE DRH11149-TG-5 (12/01) Short Title: Tort Reform Act of 2011. (Public)

GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2011 HOUSE DRH11149-TG-5 (12/01) Short Title: Tort Reform Act of 2011. (Public) H GENERAL ASSEMBLY OF NORTH CAROLINA SESSION HOUSE DRH-TG- (/01) D Short Title: Tort Reform Act of. (Public) Sponsors: Referred to: Representatives Blust and Daughtry (Primary Sponsors). 1 A BILL TO BE

More information

Illinois Supreme Court Requires Plaintiff to Apportion Settlements Among Successive Tortfeasors

Illinois Supreme Court Requires Plaintiff to Apportion Settlements Among Successive Tortfeasors Illinois Supreme Court Requires Plaintiff to Apportion Settlements Among Successive Tortfeasors By: Joseph B. Carini III & Catherine H. Reiter Cole, Grasso, Fencl & Skinner, Ltd. Illinois Courts have long

More information

CHAPTER 310 THE LAW REFORM (FATAL ACCIDENTS AND MISCELLANEOUS PROVISIONS) ACT [PRINCIPAL LEGISLATION] ARRANGEMENT OF SECTIONS

CHAPTER 310 THE LAW REFORM (FATAL ACCIDENTS AND MISCELLANEOUS PROVISIONS) ACT [PRINCIPAL LEGISLATION] ARRANGEMENT OF SECTIONS CHAPTER 310 THE LAW REFORM (FATAL ACCIDENTS AND MISCELLANEOUS PROVISIONS) ACT [PRINCIPAL LEGISLATION] ARRANGEMENT OF SECTIONS Section Title 1. Short title and application. 2. Interpretation. PART I PRELIMINARY

More information

PART III MEDICAID LIEN RECOVERY. 1) From the estate of the Medicaid recipient.

PART III MEDICAID LIEN RECOVERY. 1) From the estate of the Medicaid recipient. PART III MEDICAID LIEN RECOVERY 1. Basics: 1) For Medicaid benefits that are correctly paid, there are two major instances in which Medicaid may seek to impose and recover liens: 1) From the estate of

More information

THE THREAT OF BAD FAITH LITIGATION ETHICAL HANDLING OF CLAIMS AND GOOD FAITH SETTLEMENT PRACTICES. By Craig R. White

THE THREAT OF BAD FAITH LITIGATION ETHICAL HANDLING OF CLAIMS AND GOOD FAITH SETTLEMENT PRACTICES. By Craig R. White THE THREAT OF BAD FAITH LITIGATION ETHICAL HANDLING OF CLAIMS AND GOOD FAITH SETTLEMENT PRACTICES By Craig R. White SKEDSVOLD & WHITE, LLC. 1050 Crown Pointe Parkway Suite 710 Atlanta, Georgia 30338 (770)

More information

809.100 MEDICAL MALPRACTICE DAMAGES PERSONAL INJURY GENERALLY. 1

809.100 MEDICAL MALPRACTICE DAMAGES PERSONAL INJURY GENERALLY. 1 Page 1 of 5 809.100 MEDICAL MALPRACTICE DAMAGES PERSONAL INJURY GENERALLY. 1 (Use for claims filed on or after 1 October 2011. For claims filed before 1 October 2011, use N.C.P.I.-Civil 810.00 et seq.)

More information

PERSONAL INJURY DAMAGES INSTRUCTIONS Introduction

PERSONAL INJURY DAMAGES INSTRUCTIONS Introduction PERSONAL INJURY DAMAGES INSTRUCTIONS Introduction In RAJI (CIVIL) 3d, the Damages Instructions were taken out of the Negligence Instructions section and placed in their own section. As these instructions

More information

906 Olive Street, Suite 420 St. Louis, MO 63101 314.241.2481 www.askarcher.com 1

906 Olive Street, Suite 420 St. Louis, MO 63101 314.241.2481 www.askarcher.com 1 A Word on MO Comp Subrogation First the Statute: By: Christopher T Archer, 2012 287.150. Subrogation 1. Where a third person is liable to the employee or to the dependents, for the injury or death, the

More information

Cardelli Lanfear P.C.

Cardelli Lanfear P.C. Michigan Prepared by Cardelli Lanfear P.C. 322 West Lincoln Royal Oak, MI 48067 Tel: 248.850.2179 Fax: 248.544.1191 1. Introduction History of Tort Reform in Michigan Michigan was one of the first states

More information

OREGON LAW AT-A-GLANCE

OREGON LAW AT-A-GLANCE 1. ASSUMPTION OF THE RISK: This doctrine was abolished in Oregon. ORS 31.620(2). But see Comparative Negligence below. 2. COLLATERAL SOURCE RULE: The Court may deduct from a damages award certain collateral

More information

Short Term Disability Income Protection Plan

Short Term Disability Income Protection Plan Short Term Disability Income Protection Plan Effective Date: January 1, 2012 Contact Information Plan Administrator: Address and Telephone #: AOL Inc. 22000 AOL Way Dulles, VA 20166 703-265-1968 703-265-3981

More information

HARVEY KRUSE, P.C. BAD FAITH

HARVEY KRUSE, P.C. BAD FAITH HARVEY KRUSE, P.C. BAD FAITH Prepared By: Michael F. Schmidt P25213 HARVEY KRUSE, P.C. 1050 Wilshire Drive, Suite 320 Troy, MI 48084 (248) 649-7800 Fax (248) 649-2316 A. INTRODUCTION Subject to specific

More information

CHAPTER 160 FATAL ACCIDENTS AND PERSONAL INJURIES LAWS OF BRUNEI ARRANGEMENT OF SECTIONS. Section PART I PRELIMINARY

CHAPTER 160 FATAL ACCIDENTS AND PERSONAL INJURIES LAWS OF BRUNEI ARRANGEMENT OF SECTIONS. Section PART I PRELIMINARY Fatal Accidents and Personal Injuries CAP. 160 1 LAWS OF BRUNEI Section CHAPTER 160 FATAL ACCIDENTS AND PERSONAL INJURIES ARRANGEMENT OF SECTIONS PART I PRELIMINARY 1. Citation 2. Application PART II FATAL

More information

INNS OF COURT CHARLOTTESVILLE, VIRGINIA APRIL 8, 2010 RONALD R. TWEEL MICHIE HAMLETT LOWRY RASMUSSEN AND TWEEL, PLLC

INNS OF COURT CHARLOTTESVILLE, VIRGINIA APRIL 8, 2010 RONALD R. TWEEL MICHIE HAMLETT LOWRY RASMUSSEN AND TWEEL, PLLC INNS OF COURT CHARLOTTESVILLE, VIRGINIA APRIL 8, 2010 RONALD R. TWEEL MICHIE HAMLETT LOWRY RASMUSSEN AND TWEEL, PLLC THE INTERSECTION OF PERSONAL INJURY AND EQUITABLE DISTRIBUTION AWARDS: WHAT IS IT AND

More information

SETTLEGOODE v. PORTLAND PUBLIC SCHOOLS, et al CV-00-313-ST JURY INSTRUCTIONS FOLLOWING CLOSE OF EVIDENCE

SETTLEGOODE v. PORTLAND PUBLIC SCHOOLS, et al CV-00-313-ST JURY INSTRUCTIONS FOLLOWING CLOSE OF EVIDENCE SETTLEGOODE v. PORTLAND PUBLIC SCHOOLS, et al CV-00-313-ST JURY INSTRUCTIONS FOLLOWING CLOSE OF EVIDENCE These instructions will be in three parts: first, general rules that define and control your duties

More information

Construction Defect Action Reform Act

Construction Defect Action Reform Act COLORADO REVISED STATUTES Title 13. Courts and Court Procedure Damages Regulation of Actions and Proceedings Article 20. Actions Part 8. Construction Defect Actions for Property Loss and Damage Construction

More information

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION Case: 4:12-cv-02030-DDN Doc. #: 42 Filed: 06/19/13 Page: 1 of 8 PageID #: UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION MARY HAYDEN, ) individually and as plaintiff

More information

VIRGINIA ACTS OF ASSEMBLY -- 2015 SESSION

VIRGINIA ACTS OF ASSEMBLY -- 2015 SESSION VIRGINIA ACTS OF ASSEMBLY -- 2015 SESSION CHAPTER 585 An Act to amend and reenact 38.2-2206 of the Code of Virginia and to amend the Code of Virginia by adding in Article 7 of Chapter 3 of Title 8.01 a

More information

Consumer Awareness How to Keep From Getting Ripped Off by Big Insurance

Consumer Awareness How to Keep From Getting Ripped Off by Big Insurance Consumer Awareness How to Keep From Getting Ripped Off by Big Insurance Provided as an educational service by: Anthony D. Castelli, Esq. Concentration in Auto and Work Related Injuries (513) 621-2345 ATTENTION!!!

More information

WikiLeaks Document Release

WikiLeaks Document Release WikiLeaks Document Release February 2, 2009 Congressional Research Service Report RS20519 ASBESTOS COMPENSATION ACT OF 2000 Henry Cohen, American Law Division Updated April 13, 2000 Abstract. This report

More information

Automobile Negligence Lawsuits

Automobile Negligence Lawsuits SOG/DGL, CH, JB Page 1 of 6 Automobile Negligence Lawsuits Who Is Sued? Driver the driver is the person whose negligence gives rise to the liability. The person suing must prove that the driver negligently

More information

Covering Iowa Law and Courts: A Guide for Journalists. civil lawsuits for money damages. dissolution of marriage (divorce)

Covering Iowa Law and Courts: A Guide for Journalists. civil lawsuits for money damages. dissolution of marriage (divorce) CHAPTER 3: Those cases that are not criminal prosecutions fall under the general heading of civil cases. There are five types of non-criminal cases most commonly seen in Iowa: civil lawsuits for money

More information

Cohen. Battisti LEGAL ASSIGNMENT OF INSURANCE BENEFITS Attorneys at Law INSIDER SECRETS: ! 2%34/2!4)/.

Cohen. Battisti LEGAL ASSIGNMENT OF INSURANCE BENEFITS Attorneys at Law INSIDER SECRETS: ! 2%34/2!4)/. Cohen INSIDER SECRETS: Battisti LEGAL Attorneys at Law ASSIGNMENT OF INSURANCE W R O N G F U L D E AT H BENEFITS! 2%34/2!4)/. 1211 ORANGE AVENUE, SUITE 200 WINTER PARK, FLORIDA 32789 #/-0!.9 3 '5)$% 4

More information

OREGON LAWS 2015 Chap. 5 CHAPTER 5

OREGON LAWS 2015 Chap. 5 CHAPTER 5 CHAPTER 5 AN ACT SB 411 Relating to personal injury protection benefits; creating new provisions; and amending ORS 742.500, 742.502, 742.504, 742.506, 742.524 and 742.544. Be It Enacted by the People of

More information

Negligence and Damages Bill

Negligence and Damages Bill EXPLANATORY NOTES Explanatory notes to the Bill, prepared by Andy McDonald, are published separately as Bill 76 EN. Bill 76 6/1 CONTENTS PART 1 PYSCHIATRIC INJURY 1 Close tie (duty of care) 2 Close tie

More information

February 20, 1978. You inquire concerning section 4 of 1977 House Bill 2490, an amendment. Dear Commissioner Bell:

February 20, 1978. You inquire concerning section 4 of 1977 House Bill 2490, an amendment. Dear Commissioner Bell: February 20, 1978 ATTORNEY GENERAL OPINION NO. 78-81 Mr. Fletcher Bell Commissioner of Insurance Kansas Insurance Department 1st Floor - State Office Building Topeka, Kansas 66612 Re: Motor Vehicles--Insurance--Rights

More information

FOR PROPERTY LOSS AND DAMAGE 1

FOR PROPERTY LOSS AND DAMAGE 1 13-20-801. Short title Colorado Revised Statutes Title 13; Article 20; Part 8: CONSTRUCTION DEFECT ACTIONS FOR PROPERTY LOSS AND DAMAGE 1 This part 8 shall be known and may be cited as the Construction

More information

STRUCTURED SETTLEMENTS

STRUCTURED SETTLEMENTS STRUCTURED SETTLEMENTS NORTH CAROLINA TRIAL JUDGES BENCH BOOK, SUPERIOR COURT, VOL. 2 (Civil), Structured Settlements, at pp. 4-7 (3d ed.) (Institute of Government 1999) A. THE APPROVAL HEARING 1. Plaintiff

More information

2013 IL App (3d) 120130-U. Order filed September 23, 2013 IN THE APPELLATE COURT OF ILLINOIS THIRD DISTRICT A.D., 2013

2013 IL App (3d) 120130-U. Order filed September 23, 2013 IN THE APPELLATE COURT OF ILLINOIS THIRD DISTRICT A.D., 2013 NOTICE: This order was filed under Supreme Court Rule 23 and may not be cited as precedent by any party except in the limited circumstances allowed under Rule 23(e)(1). 2013 IL App (3d) 120130-U Order

More information

PLEASE NOTE. For more information concerning the history of this Act, please see the Table of Public Acts.

PLEASE NOTE. For more information concerning the history of this Act, please see the Table of Public Acts. PLEASE NOTE This document, prepared by the Legislative Counsel Office, is an office consolidation of this Act, current to December 19, 2009. It is intended for information and reference purposes only.

More information

earnings as you find AB would have earned between the date of injury and the date of death had (he, she) not been injured.

earnings as you find AB would have earned between the date of injury and the date of death had (he, she) not been injured. PJI 2:320 Damages Damages Actions for Wrongful Death and Conscious Pain and Suffering, Including Such Actions Based on Medical, Dental and Podiatric Malpractice Commenced Before July 26, 2003 Plaintiff

More information

CHAPTER 54-23.4 CRIME VICTIMS COMPENSATION

CHAPTER 54-23.4 CRIME VICTIMS COMPENSATION CHAPTER 54-23.4 CRIME VICTIMS COMPENSATION 54-23.4-01. Definitions. As used in this chapter, unless the context or subject matter otherwise requires: 1. "Bodily injury" means any harm that requires medical

More information

Personal Injury Law: Minnesota Medical Malpractice

Personal Injury Law: Minnesota Medical Malpractice Personal Injury Law: Minnesota Medical Malpractice Medical Malpractice Terms Statutes of Limitations Minnesota Medical Malpractice Laws Medical malpractice includes many forms of liability producing conduct

More information

Supreme Court of Florida

Supreme Court of Florida Supreme Court of Florida No. SC02-2659 CYNTHIA CLEFF NORMAN, Petitioner, vs. TERRI LAMARRIA FARROW, Respondent. [June 24, 2004] WELLS, J. We have for review Norman v. Farrow, 832 So. 2d 158 (Fla. 1st DCA

More information

Case 2:09-cv-00532-JPH Document 23 Filed 02/02/10 Page 1 of 7 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA

Case 2:09-cv-00532-JPH Document 23 Filed 02/02/10 Page 1 of 7 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA Case 2:09-cv-00532-JPH Document 23 Filed 02/02/10 Page 1 of 7 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA MICHAEL WALKER : CIVIL ACTION : v. : : NO. 09-532 BIG BURGER RESTAURANTS,

More information

Table of Contents. 1. What should I do when the other driver s insurance company contacts me?... 1

Table of Contents. 1. What should I do when the other driver s insurance company contacts me?... 1 Table of Contents 1. What should I do when the other driver s insurance company contacts me?... 1 2. Who should be paying my medical bills from a car accident injury?... 2 3. What should I do after the

More information

Case 2:10-cv-00054-GZS Document 69 Filed 04/12/11 Page 1 of 5 PageID #: 363 UNITED STATES DISTRICT COURT DISTRICT OF MAINE

Case 2:10-cv-00054-GZS Document 69 Filed 04/12/11 Page 1 of 5 PageID #: 363 UNITED STATES DISTRICT COURT DISTRICT OF MAINE Case 2:10-cv-00054-GZS Document 69 Filed 04/12/11 Page 1 of 5 PageID #: 363 UNITED STATES DISTRICT COURT DISTRICT OF MAINE DAVID FITZPATRICK, as Personal Representative of the ESTATE OF RYAN R. FITZPATRICK,

More information

MISSOURI COURT OF APPEALS NORTHERN DISTRICT. David Moore, for Appellant, and Stone C. Defense for Respondent.

MISSOURI COURT OF APPEALS NORTHERN DISTRICT. David Moore, for Appellant, and Stone C. Defense for Respondent. MISSOURI COURT OF APPEALS NORTHERN DISTRICT JOHN JONES Defendant-Appellant vs. No. ND-55867 JANE SMITH Plaintiff-Respondent. David Moore, for Appellant, and Stone C. Defense for Respondent. Before O BRIEN,

More information

South Australia LAW REFORM (CONTRIBUTORY NEGLIGENCE AND APPORTIONMENT OF LIABILITY) ACT 2001

South Australia LAW REFORM (CONTRIBUTORY NEGLIGENCE AND APPORTIONMENT OF LIABILITY) ACT 2001 South Australia LAW REFORM (CONTRIBUTORY NEGLIGENCE AND APPORTIONMENT OF LIABILITY) ACT 2001 An Act to reform the law relating to contributory negligence and the apportionment of liability; to amend the

More information

112 Ohio St.3d 17, 2006 Ohio 6362 (December 20, 2006).

112 Ohio St.3d 17, 2006 Ohio 6362 (December 20, 2006). I. ROBINSON V.BATES, 112 Ohio St.3d 17, 2006 Ohio 6362 (December 20, 2006). A. Landlord-tenant case In Hamilton County, Ohio, Plaintiff tenant sued her landlord for personal injuries caused when she broke

More information

Tort Liability Act (412/1974) in this or another Act, this Act does not apply to liability for damages under

Tort Liability Act (412/1974) in this or another Act, this Act does not apply to liability for damages under NB: Unofficial translation Tort Liability Act (412/1974) Chapter 1 Scope of application This Act applies to liability for damages. However, unless otherwise provided in this or another Act, this Act does

More information

FLORIDA PERSONAL INJURY PROTECTION

FLORIDA PERSONAL INJURY PROTECTION POLICY NUMBER: COMMERCIAL AUTO CA 22 10 01 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FLORIDA PERSONAL INJURY PROTECTION For a covered "auto" licensed or principally garaged in,

More information

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA VALDOSTA DIVISION. Plaintiff, Civil Action No. 7:12-CV-148 (HL) ORDER

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA VALDOSTA DIVISION. Plaintiff, Civil Action No. 7:12-CV-148 (HL) ORDER Case 7:12-cv-00148-HL Document 43 Filed 11/07/13 Page 1 of 11 CHRISTY LYNN WATFORD, IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA VALDOSTA DIVISION v. Plaintiff, Civil Action No.

More information

Present: Carrico, C.J., Compton, Stephenson, Lacy, Keenan, Koontz, JJ., and Whiting, Senior Justice NORTHBROOK PROPERTY AND CASUALTY INSURANCE COMPANY

Present: Carrico, C.J., Compton, Stephenson, Lacy, Keenan, Koontz, JJ., and Whiting, Senior Justice NORTHBROOK PROPERTY AND CASUALTY INSURANCE COMPANY Present: Carrico, C.J., Compton, Stephenson, Lacy, Keenan, Koontz, JJ., and Whiting, Senior Justice VIRGINIA ELECTRIC AND POWER COMPANY OPINION BY JUSTICE LAWRENCE L. KOONTZ, v. Record No. 951919 September

More information

Title XLV TORTS. Chapter 768 NEGLIGENCE. View Entire Chapter

Title XLV TORTS. Chapter 768 NEGLIGENCE. View Entire Chapter Title XLV TORTS Chapter 768 NEGLIGENCE View Entire Chapter 768.28 Waiver of sovereign immunity in tort actions; recovery limits; limitation on attorney fees; statute of limitations; exclusions; indemnification;

More information

Index. Oklahoma Tort Damages

Index. Oklahoma Tort Damages Index Oklahoma Tort Damages 2.1 CITATION 4 General...4 Some General Rules 5 Collateral Source Rule.5 2.2 PERSONAL INJURIES.6 Citation...6 Adult 6 Minor Child.7 Consortium Claims...7 Citation...7 Loss of

More information

NO. COA12-1176 NORTH CAROLINA COURT OF APPEALS. Filed: 2 April 2013

NO. COA12-1176 NORTH CAROLINA COURT OF APPEALS. Filed: 2 April 2013 NO. COA12-1176 NORTH CAROLINA COURT OF APPEALS Filed: 2 April 2013 BOBBY ANGLIN, Plaintiff, v. Mecklenburg County No. 12 CVS 1143 DUNBAR ARMORED, INC. AND GALLAGER BASSETT SERVICES, INC., Defendants. Liens

More information

002 Applicant - Applicant shall mean any victim or other eligible party who has properly applied for compensation under the Act.

002 Applicant - Applicant shall mean any victim or other eligible party who has properly applied for compensation under the Act. - CRIME VICTIM'S REPARATIONS COMMITTEE CHAPTER 1 - DEFINITIONS 001 Act - Act shall mean the Nebraska Crime Victim's Reparation Act, Sections 81-1801 to 81-1842, R.R.S. 1996, as amended. 002 Applicant -

More information

MONTANA SELF INSURERS ASSOCIATION

MONTANA SELF INSURERS ASSOCIATION MONTANA SELF INSURERS ASSOCIATION Executive Director Bob Worthington Board of Directors Rick Clark Plum Creek Timber Co Tim Fitzpatrick MT Schools Group Donna Haeder NorthWestern Corp Marv Jordan MT Contractors

More information

PRACTICE GUIDELINES MEMORANDUM. RE: Sample Bankruptcy Motions and Orders for Personal Injury Practitioners and Trustees

PRACTICE GUIDELINES MEMORANDUM. RE: Sample Bankruptcy Motions and Orders for Personal Injury Practitioners and Trustees PRACTICE GUIDELINES MEMORANDUM TO: FROM: Attorneys Practicing Before Me And Other Interested Persons C. Timothy Corcoran, III United States Bankruptcy Judge DATE: January 3, 2000 1 RE: Sample Bankruptcy

More information

Information for Worker s Compensation Clients

Information for Worker s Compensation Clients Information for Worker s Compensation Clients Overview of the Worker s Compensation Act Indiana Worker s Compensation cases are governed by a State law known as the Worker s Compensation Act. The legislature

More information

Missouri Highways and Transportation Commission Policies

Missouri Highways and Transportation Commission Policies Missouri Highways and Transportation Commission Policies Category: Subcategory: Sub-Subcategory: ENTERPRISE RISK MANAGEMENT Liability Insurance Self-Insurance Plan SELF-INSURANCE PLAN GENERAL LIABILITY

More information

NURSING HOME CARE ACT INTRODUCTION. The Nursing Home Care Act, 210 ILCS 45/1, et seq., was adopted amid concern over

NURSING HOME CARE ACT INTRODUCTION. The Nursing Home Care Act, 210 ILCS 45/1, et seq., was adopted amid concern over NURSING HOME CARE ACT INTRODUCTION The Nursing Home Care Act, 210 ILCS 45/1, et seq., was adopted amid concern over reports of inadequate, improper and degrading treatment of patients in nursing homes.

More information

SUMMARY OF NEW AND REVISED PATTERN JURY INSTRUCTIONS. MEDICAL MALPRACTICE and TORT REFORM

SUMMARY OF NEW AND REVISED PATTERN JURY INSTRUCTIONS. MEDICAL MALPRACTICE and TORT REFORM SUMMARY OF NEW AND REVISED PATTERN JURY INSTRUCTIONS MEDICAL MALPRACTICE and TORT REFORM Session Law 2011-400/Senate Bill 33 Session Law 2011-283/ House Bill 542 20 June 2012 CIVIL PATTERN JURY INSTRUCTIONS

More information

In The Court of Appeals Fifth District of Texas at Dallas. No. 05-14-00894-CV

In The Court of Appeals Fifth District of Texas at Dallas. No. 05-14-00894-CV Reversed and Remanded and Opinion Filed July 28, 2015 S In The Court of Appeals Fifth District of Texas at Dallas No. 05-14-00894-CV TEXAS HEALTH AND HUMAN SERVICES COMMISSION, Appellant V. JOSEPH MCRAE,

More information

14-05313-16 CAUSE NO. JULIE TORBERT, as next friend of IN THE DISTRICT COURT PHILIP ORMSTON V. DENTON COUNTY, TEXAS

14-05313-16 CAUSE NO. JULIE TORBERT, as next friend of IN THE DISTRICT COURT PHILIP ORMSTON V. DENTON COUNTY, TEXAS 14-05313-16 CAUSE NO. FILED: 7/15/2014 1:32:23 PM SHERRI ADELSTEIN Denton County District Clerk By: Heather Goheen, Deputy JULIE TORBERT, as next friend of IN THE DISTRICT COURT PHILIP ORMSTON Plaintiff

More information

2005-C -2496 CHARLES ALBERT AND DENISE ALBERT v. FARM BUREAU INSURANCE COMPANY, ET AL. (Parish of Lafayette)

2005-C -2496 CHARLES ALBERT AND DENISE ALBERT v. FARM BUREAU INSURANCE COMPANY, ET AL. (Parish of Lafayette) FOR IMMEDIATE NEWS RELEASE NEWS RELEASE # 0 FROM: CLERK OF SUPREME COURT OF LOUISIANA The Opinions handed down on the 17th day of October, 200, are as follows: PER CURIAM: 2005-C -249 CHARLES ALBERT AND

More information

S13G1048. CARTER v. PROGRESSIVE MOUNTAIN INSURANCE. This Court granted a writ of certiorari to the Court of Appeals in Carter

S13G1048. CARTER v. PROGRESSIVE MOUNTAIN INSURANCE. This Court granted a writ of certiorari to the Court of Appeals in Carter 295 Ga. 487 FINAL COPY S13G1048. CARTER v. PROGRESSIVE MOUNTAIN INSURANCE. HINES, Presiding Justice. This Court granted a writ of certiorari to the Court of Appeals in Carter v. Progressive Mountain Ins.,

More information

UNITED STATES DISTRICT COURT DISTRICT OF MAINE ORDER ON AMENDMENT TO WRONGFUL DEATH STATUTE

UNITED STATES DISTRICT COURT DISTRICT OF MAINE ORDER ON AMENDMENT TO WRONGFUL DEATH STATUTE UNITED STATES DISTRICT COURT DISTRICT OF MAINE DAVID FITZPATRICK, as Personal Representative of the ESTATE OF RYAN R. FITZPATRICK, Plaintiff, v. Docket No. 2:10-CV-54-GZS KENNETH P. COHEN, Defendant. ORDER

More information

TRIBAL CODE TRIBAL TORT CLAIMS ORDINANCE

TRIBAL CODE TRIBAL TORT CLAIMS ORDINANCE TRIBAL CODE CHAPTER 85: TRIBAL TORT CLAIMS ORDINANCE CONTENTS: 85.101 Purpose and Authority... 85-3 85.102 Findings and Declarations... 85-3 85.103 Definitions... 85-4 85.104 Waiver of Sovereign Immunity

More information

IN THE SUPREME COURT OF TEXAS

IN THE SUPREME COURT OF TEXAS IN THE SUPREME COURT OF TEXAS 444444444444 NO. 11-0425 444444444444 PETROLEUM SOLUTIONS, INC., PETITIONER, v. BILL HEAD D/B/A BILL HEAD ENTERPRISES AND TITEFLEX CORPORATION, RESPONDENTS 4444444444444444444444444444444444444444444444444444

More information

IN THE COURT OF APPEALS OF INDIANA

IN THE COURT OF APPEALS OF INDIANA FOR PUBLICATION ATTORNEYS FOR APPELLANT: RUDOLPH R. PYLE, III Indianapolis, Indiana DONALD L. HARDAMON Indianapolis, Indiana ATTORNEYS FOR APPELLEE: RANDALL L. JUERGENSEN RYAN K. JOHNSON Keller & Keller

More information

The A-B-C s of Motor Vehicle Collisions and Personal Injury Claims In Minnesota

The A-B-C s of Motor Vehicle Collisions and Personal Injury Claims In Minnesota The A-B-C s of Motor Vehicle Collisions and Personal Injury Claims In Minnesota Douglas E. Schmidt Accident Attorney 13911 Ridgedale Drive Suite 110 Minnetonka, MN 55305 952.473.4530 Fax: 952.544.1308

More information

LIMITATION OF CERTAIN ACTIONS ACT

LIMITATION OF CERTAIN ACTIONS ACT LIMITATION OF CERTAIN ACTIONS ACT CHAPTER 7:09 Act 36 of 1997 Amended by 2 of 2000 Current Authorised Pages Pages Authorised (inclusive) by L.R.O. 1 18.. L.R.O. 2 Chap. 7:09 Limitation of Certain Actions

More information

v. Record No. 080751 OPINION BY JUSTICE BARBARA MILANO KEENAN June 4, 2009 LOUIS N. JOYNES, II, ET AL.

v. Record No. 080751 OPINION BY JUSTICE BARBARA MILANO KEENAN June 4, 2009 LOUIS N. JOYNES, II, ET AL. PRESENT: All the Justices LEO WILLIAMS v. Record No. 080751 OPINION BY JUSTICE BARBARA MILANO KEENAN June 4, 2009 LOUIS N. JOYNES, II, ET AL. FROM THE CIRCUIT COURT OF THE CITY OF PORTSMOUTH Dean W. Sword,

More information

Title 8 Laws of Bermuda Item 67 BERMUDA 1951 : 39 LAW REFORM (LIABILITY IN TORT) ACT 1951 ARRANGEMENT OF SECTIONS

Title 8 Laws of Bermuda Item 67 BERMUDA 1951 : 39 LAW REFORM (LIABILITY IN TORT) ACT 1951 ARRANGEMENT OF SECTIONS BERMUDA 1951 : 39 LAW REFORM (LIABILITY IN TORT) ACT 1951 ARRANGEMENT OF SECTIONS 1 Interpretation 2 Savings 3 Apportionment of liability where contributory negligence 4 Defence of common employment abolished

More information

WORKERS COMPENSATION SUBROGATION AND THIRD PARTY SETTLEMENTS. B. Industrial Revolution and Workers Compensation Statutes

WORKERS COMPENSATION SUBROGATION AND THIRD PARTY SETTLEMENTS. B. Industrial Revolution and Workers Compensation Statutes I. HISTORICAL BACKGROUND A. Common Law WORKERS COMPENSATION SUBROGATION AND THIRD PARTY SETTLEMENTS Before the advent of workers compensation statutes, the only protection afforded to victims of work place

More information

KANSAS PERSONAL INJURY PROTECTION

KANSAS PERSONAL INJURY PROTECTION POLICY NUMBER: COMMERCIAL AUTO CA 22 14 02 96 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. KANSAS PERSONAL INJURY PROTECTION For a covered "auto" licensed or principally garaged in, or

More information

Medical Malpractice VOIR DIRE QUESTIONS

Medical Malpractice VOIR DIRE QUESTIONS Medical Malpractice VOIR DIRE QUESTIONS INTRODUCTION: Tell the jurors that this is a very big and a very important case. Do a SHORT summary of the case and the damages we are seeking. This summary should

More information

NORTH DAKOTA PERSONAL INJURY PROTECTION ENDORSEMENT

NORTH DAKOTA PERSONAL INJURY PROTECTION ENDORSEMENT COMMERCIAL AUTO CA 22 34 10 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NORTH DAKOTA PERSONAL INJURY PROTECTION ENDORSEMENT For a covered "auto" licensed or principally garaged in,

More information

CIVIL DIVISION PLAINTIFF S PROPOSED JURY INSTRUCTIONS. The Plaintiff, JENNIFER WINDISCH, by and through undersigned counsel, and

CIVIL DIVISION PLAINTIFF S PROPOSED JURY INSTRUCTIONS. The Plaintiff, JENNIFER WINDISCH, by and through undersigned counsel, and IN THE CIRCUIT COURT OF THE 16TH JUDICIAL CIRCUIT IN AND FOR MONROE COUNTY, FLORIDA JENNIFER WINDISCH, Plaintiff, v. CIVIL DIVISION CASE NO: 2007-CA-1174-K JOHN SUNDIN, M.D., RHODA SMITH, M.D., LAURRAURI

More information

2015 IL App (1st) 141985-U. No. 1-14-1985 IN THE APPELLATE COURT OF ILLINOIS FIRST JUDICIAL DISTRICT

2015 IL App (1st) 141985-U. No. 1-14-1985 IN THE APPELLATE COURT OF ILLINOIS FIRST JUDICIAL DISTRICT 2015 IL App (1st) 141985-U No. 1-14-1985 NOTICE: This order was filed under Supreme Court Rule 23 and may not be cited as precedent by any party except in the limited circumstances allowed under Rule 23(e)(1).

More information

UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT. No. 08-1412. In re: GEORGE W. COLE, Debtor. CITY OF WILKES-BARRE, Appellant v.

UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT. No. 08-1412. In re: GEORGE W. COLE, Debtor. CITY OF WILKES-BARRE, Appellant v. UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT NOT PRECEDENTIAL No. 08-1412 In re: GEORGE W. COLE, Debtor CITY OF WILKES-BARRE, Appellant v. ROBERT P. SHEILS, Jr., Trustee On Appeal from the United

More information

CLAIMS FOR DAMAGES FOLLOWING FATAL ACCIDENTS IN GREECE --------------------------------------------

CLAIMS FOR DAMAGES FOLLOWING FATAL ACCIDENTS IN GREECE -------------------------------------------- CLAIMS FOR DAMAGES FOLLOWING FATAL ACCIDENTS IN GREECE -------------------------------------------- Ioannis M. Pavlakis Pavlakis Moschos & Associates Law Offices Piraeus - Greece 1 GENERAL PRINCIPLES [1]

More information

BERMUDA CRIMINAL INJURIES (COMPENSATION) ACT 1973 1973 : 107

BERMUDA CRIMINAL INJURIES (COMPENSATION) ACT 1973 1973 : 107 QUO FA T A F U E R N T BERMUDA CRIMINAL INJURIES (COMPENSATION) ACT 1973 1973 : 107 TABLE OF CONTENTS 1 2 3 4 5 6 6A 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Interpretation Criminal Injuries Compensation

More information

EXTRACT FOR QUESTION 1

EXTRACT FOR QUESTION 1 EXTRACT FOR QUESTION 1 THIS EXTRACT IS TO BE USED FOR QUESTION 1 OF THE BOARD S WRITTEN TEST. THIS EXTRACT CONTAINS SELECTED PROVISIONS OF THE ANNOTATED CODE OF MARYLAND, COURTS AND JUDICIAL PROCEEDINGS

More information

Commonwealth of Kentucky Court of Appeals

Commonwealth of Kentucky Court of Appeals RENDERED: MAY 8, 2015; 10:00 A.M. NOT TO BE PUBLISHED Commonwealth of Kentucky Court of Appeals NO. 2014-CA-000673-MR STEVEN WILDT APPELLANT APPEAL FROM JEFFERSON FAMILY COURT v. HONORABLE DOLLY W. BERRY,

More information

FLOYD-TUNNELL V. SHELTER MUT. INS. CO.: WRONGFUL DEATH CLAIMS AND UNINSURED MOTORIST COVERAGE

FLOYD-TUNNELL V. SHELTER MUT. INS. CO.: WRONGFUL DEATH CLAIMS AND UNINSURED MOTORIST COVERAGE FLOYD-TUNNELL V. SHELTER MUT. INS. CO.: WRONGFUL DEATH CLAIMS AND UNINSURED MOTORIST COVERAGE INTRODUCTION Rebecca Floyd-Tunnell and Doris Floyd ( Appellants ) filed suit against Shelter Mutual Insurance

More information

IN THE COMMONWEALTH COURT OF PENNSYLVANIA

IN THE COMMONWEALTH COURT OF PENNSYLVANIA IN THE COMMONWEALTH COURT OF PENNSYLVANIA Clyde Kennedy, : Petitioner : : v. : No. 1649 C.D. 2012 : Submitted: May 17, 2013 Workers Compensation Appeal : Board (Henry Modell & Co., Inc.), : Respondent

More information