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Bicycling and the Law

Richard L. Duquette

EP44 Bicycle and Wrongful Death Part 3 Damages

 

On today’s episode, Richard Duquette discusses Bicycle and Wrongful Death Part 3 Damages with Justin Nelson. How do you value damages? What can surviving families do to strengthen the case? Tune in to this insightful talk!

Ways to Analyze Damages

It is difficult to value damages in a death claim. It comes with the question: How do you put value on human life? Still, the ultimate goal is to receive justice.

 

There are a number of ways to determine value or to analyze the impact of a wrongful death. One is by creating a theoretical value via academic studies and statistics. Other ways are by looking at jury verdicts and at the actual case itself.

Ways to Look at Actual Case

The first way available is by referring to the law. The law serves as a guide in determining the type of damage. Damages can either be economical or uneconomical.

 

An example of an economical damage is when the family loses a breadwinner. Attorneys can use life expectancy tables to show what the family could lose.

 

They can also point to household services that the deceased used to contribute. Identifying the gifts and benefits is another way to show the economic effect.

Ways to Add Value

As mentioned in the second part of this series, it’s good for the surviving family to be together. It establishes a high value for the case.

 

They can present positive factors, such as love and affection, to add value. Cards, letters, pictures, social media, and stories can help present a big picture.

 

To hear about Bicycle and Wrongful Death Part 3 Damages, download and listen to the entire episode.

 

If you are short on time, here are the highlights of Bicycle and Wrongful Death Part 3 Damages:

 

Ways to analyze damages? (2:20)

Ways to look at actual case? (3:43)

Why grief can’t be compensated? (11:26)

More about economic damages? (14:19)

Young vs old deceased? (16:48)

Positive factors add value? (18:18)

 

 

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© 2016 Law Firm of Richard L. Duquette