Robert Franco and Andrew Patton Author “Damages in a Wrongful Death Case: A Defendant’s Perspective”

Robert Franco and Andrew Patton have authored “Damages in a Wrongful Death Case: A Defendant’s Perspective”, which was published in Proving and Disproving Damages in Personal Injury Cases (IICLE 2012). The chapter outlines aspects of the Wrongful Death Act, including (a) parties entitled to institute a wrongful death action; (b) parties entitled to recover; (c) recoverable damages; (d) damages not recoverable; (e) a defendant’s perspective on mitigating damages; and (f) defense practice tips relating to discovery, settlement, and issues that counsel may face at the time of trial. Applicable Illinois Pattern Jury Instructions are also discussed, and various practice pointers are offered where applicable.