Some Legal Anatomy: Thinking Like a Tort Lawyer

Examples

Setting the Stage

1.   Assume that Isadora did not initiate suit before her death. Booth, the administrator of her estate, comes to you after her death, to inquire about potential claims for damages as a result of her physical injuries.

a.   What would you advise Booth about the effect of Isadora’s death on the right to recover for her injuries?

b.   What would you advise Booth about the effect of Burton’s death on Isadora’s claims?

Act One

2.   Booth retains you to bring an action against Burton for damages for Isadora’s injuries. Which of the following elements of damages would you claim in a survival action for predeath losses suffered by Isadora?

a.   pain and suffering

b.   lost future earning capacity

c.   loss of enjoyment of life

d.   medical bills

e.   loss of consortium with members of her family

3.   Assume that Booth also wishes to assert a wrongful death claim resulting from Isadora’s death. Which of the following elements of damages would you seek in the wrongful death claim?

a.   pain and suffering

b.   lost earning capacity

c.   loss of enjoyment of life

d.   loss of consortium suffered by Booth and other family members due to Isadora’s death

     Act Two

4.   Booth also inquires as to claims he may assert on behalf of the deceased child Isadora was carrying at the time of the accident. What would you advise him as to the prospects of recovery for the child’s death, and the elements of damages?