The Witness Box

Commenting on expert evidence, economic damages, and interesting developments in injury, wrongful death, business torts, discrimination, and wage and hour lawsuits

Wednesday, May 19, 2004

Criminal activity and lost earnings capacity calculations

The questions

Situation 1

When you are completing a vocational analysis and determining the next best vocational avenue for a person, what impact does a prior conviction have? By this I mean, what impact does the fact the time served was 10 years ago or just 6 months ago (and lets assume the person served more than 6 months)? Does the severity of the crime (possession of drugs or aggravated robbery) play a part? And what about the age of the former convict and at what age the time was served?

Situation 2

What would you vocational rehabilation experts do if the plaintiff committed a felony after the incident in which he was injured and is now serving, say, a 10 year sentence? In other words, the incident had nothing to do with the commission of the felony, but being in prison eliminates his ability to mitigate. Do you ignore the fact that he is in prison? Do you make an assumption as to what he could have mitigated absent the incarceration? Do you look at any earnings in prison, not that $0.30 per hour makes much of a difference. I am talking about a person who by now could have completed retraining and been placed in a job that would mitigate nearly all of his losses because his injuries weren't all that bad.

Labels: ,

0 Comments:

Post a Comment

Links to this post:

Create a Link

<< Home