Dealing with damages in death cases is challenging. There is often aN unspoken feeling on the part of jurors that money won’t bring a deceased back or there is something greedy about asking for money for a dead person. Trying to paint the picture of who the deceased was and reimbursing in money can be difficult. The following is more of an outline of ideas than an outline to question from. It is intended for a close family friend, not the spouse or parent of a deceased. For those cases, it is necessary to add a great deal more about the roles of those involved and impact of the death. This is a rough illustration of some thoughts to consider in preparing for the direct examination of a witness in a death case.

DIRECT EXAM–FAMILY – DEATH ACTION

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IDENTIFICATION OF WITNESS

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1.        Name & address

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2. Marital: wife & children

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3.Employment:

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(1)present work

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KNOWLEDGE ABOUT FAMILY

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1.Explain how acquainted with family

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2.Length of time known them and extent of contact with them

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DESCRIPTION OF FAMILY

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1.Deceased

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(1)Employment

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a.Work at time of death

b.Nature of employment

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(2)Special Interests or Activities

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a.Membership in civic groups, organizations

b.Hobbies or spare time activities

c.Any honors or awards

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(3)General Health

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FACTS OF INJURY/DEATH

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ELEMENTS OF DAMAGE

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        (1) benefits:

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                (a) Money, goods & services:

            (b) Money spent on self – thrift & saving

           ( c) Presents or gifts to family

   (d) Income & earnings

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               (1)Widow’s Loss:

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    a.  Support

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    b.  Love, affection & care

      (a)  kindness, helpfulness

      (b)  character

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    c.  Services

      (a)  household work: shopping etc

      (b)  additional expense

      (d)  plumbing, electrical etc repair

      (e)  gardening & lawn

      (d)  Responsible for bill payments

      (e)   driving children  

      (f)     unusual skills

      (d)  Impact on consortium:

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“The right of one spouse to the company, cooperation and the aid of the other in the matrimonial relationship. it includes love, affection, care services, companionship (including sexual companionship) as well as assistance from one spouse to the other”

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(a) dreams for future: what plans?

(b) fear of future,. helplessness

f. Special difficult dates

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        a.  birthdays

        b.  mothers/father’s day

        c.  anniversary

        d.  thanksgiving

        e.  Christmas

        f.  New years

        g.  Valentines day

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            H. Special difficult events

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        a.  wedding

        b.  graduation

        c.  children’s sports

        d.  children’s accomplishments

        e.  family dinners

        f.  family reunions

        g.  family vacations

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(2)children’s loss:

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a.Loving support

b.love & care: closeness

c.guidance, training and instruction

d.  help with homework, activities

                     e.  Safety & protection

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CONCLUSION

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  a.  fun loving/affable

  b.  goal oriented

  c.  sense of humor

  d.  gregarious

  e.  self confident

  f.  intellectually challenging

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