Personal Injury and Wrongful Death

Personal Injury Cases

Personal injury cases are one of our most commonly handled reports and we’ve developed an efficient, case-grounded methodology for capturing and estimating all aspects of the available damages. Two most common elements of damages in such cases are loss of earnings capacity (or lost wages depending on the State) and medical life care plan discounting.

To model earnings capacity, we utilize a combination of case-specific evidence alongside data from population-based government datasets to accurately model the most likely scenarios but-for the incident. We build our earnings forecasts based on the claimants past work history as well as detailed wage data at the sub-state level. This approach captures localized labor trends and minimizes the broad, population-wide generalizations that are unfavorable in the courtroom. We account for key economic influences like a person's work life expectancy, fringe benefits, and potential earnings in retirement to strengthen the findings of our work.

Our work in discounting life care plans often begins with an analysis of the itemized procedures and items that the injured party will require for future treatment. We apply specific medical price indexes to the itemized plan, applying geographic specific data when applicable (by region or urban vs rural) obtained from the Bureau of Labor Statistics. This yields an estimate of how the required medical expenses are forecasted to cost over the coming decades, in terms of today’s dollars, by taking into account historical long-term trends. We’ve handled both $50,000 life care plans as well as $30 million plans, and our team takes the same, detailed, case-specific approach for each, to ensure our work stands up to any scrutiny and the highest forensic standards.

Wrongful Death Cases

In addition to injury damages, our firm frequently calculates damages for wrongful death cases for family members of decedents, to cover for pecuniary (loss of inheritance, loss of household services, advice and counsel etc.) and non-pecuniary (loss of enjoyment of life, pain and suffering, loss of consortium, etc.) elements of their losses. Stretching beyond the ‘household’ damage elements in these cases, our firms developed proprietary, case-law-grounded approaches to estimate certain non-traditional pecuniary damage elements. Court decisions like Gregory V. Chohan in the Texas supreme court and the longstanding opinion of Chief Justice Robert Wilentz of the New Jersey Supreme Court (Green V. Bittner) provides a valuable basis for economists to weigh in on these topics. Not only does our approach provide a data-driven methodology for quantifying damages elements that are often left to subjective legal discussion, it does so by utilizing datasets that are commonplace across forensic economics and used by most experts in the field.