Defeating Damage Caps – The New Damage Model for Wrongful Death Damages

Thomas Dickerson

TLU New York City | September 20th - 23rd

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Are you in a state with wrongful death damage caps, or in a state with wrongful death damage caps in medical malpractice and/or trucking cases? In most states wrongful death is a statutory cause of action in which there are categories of damages such as loss of attention, care, guidance, counsel, and protection. Typically, such damages are not well statutorily defined in wrongful death acts as economic or noneconomic. You will learn a damage model that converts noneconomic damages to economic damages not subject to caps.

Tom will break down his 21 million dollar trucking case settlement, which is believed to be the highest in Kansas history despite wrongful death damage caps, to illustrate how current damage models fail to appreciate the economic nature of what we think of as conventionally noneconomic damages. The lecture will provide creative ideas on how to present a totally different wrongful death damages model that is not subject to any damage caps. If you are sick and tired of dealing with damage caps on your wrongful death cases, this lecture is a must see.