Is there a parent who will testify, in a deposition or trial, in the wrongful death (or survival) case that you have?
When the case involves the death of a child (of whatever age) usually the plaintiff's primary witness on the wrongful death damages is a parent. You will be involved in deposition or trial damages testimony of the parent. You need a checklist.
During direct or cross examination of the parent of a deceased child, in a deposition or trial, for plaintiff or defendant, this form has multiple uses.
Defense counsel will use this form for a discovery deposition outline, to prevent unwelcome surprises at trial. Defense counsel wants to minimize as much as possible the emotional or factual impact of the parent's damages testimony. At trial, defense counsel must ask only the right questions (usually few in number, but watched closely by the jury). Defense counsel must be forewarned, so as to not ask the parent those questions at trial that could trigger a flood of emotional or factual events that would raise the jurors' evaluation of damages The defense trial preparation, to receive that forewarning, starts with a deposition of the parent. In that deposition which various areas can be probed to eliminate surprises at trial. The type of emotional response by the parent to defense questions, and the jury's response to the parent's response, can be gauged in the confines of the deposition room. That's why defense counsel commonly want to "cover the waterfront". That's where a checklist is needed.
Plaintiff's counsel will use this form as a checklist for testimony by the parent at both deposition and also trial. Use this form outline of questions:
This is a checklist you will use again and again during the years of your litigation practice. It's a small investment that more than pays for itself even if it only saves you 15 minutes. Because of our guarantee, you have nothing to lose, and much time to gain (plus gaining the confidence that comes from having a checklist).
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