The Witness Box

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

Monday, June 07, 2004

Proving up damages--An Expert Dream (nightmare?) team

In injury and employment cases where there are allegations of economic losses, the attorney is typically tasked with trying to select and manage a number of different experts. The team can typically consist of the following experts.

Accountant: Used to document actual losses, usually out of pocket losses or past damages. Some accountants, especially those with MBA's maybe used to project future damges

Economist: Used to calculate the economic value of past and future losses. Can also calculate the value of household services, retirement and employee stock options. Also performs studies of attempts at damage mitigation and future labor market employability. Used in cases with life plans to determine future health care cost.

Labor Economist: Can do the same as an economist. May also be used on the liability side of a employment discrimination case to determine if there is statistical evidence of racial discrimination.

Life Care Planner: Used to determine the cost of future medical needs. Works in conjunction with economist to determine future value of medical costs.

Industrial/organizational psychologist: Used employment discrimination cases to evaluate pay,promotion and termination policies.

Statistician: Calculates failure rates in product liability cases. Also used on the liability side of a employment discrimination case to determine if there is statistical evidence of racial discrimination.

Vocational Rehabilatation: Helps determine what jobs the injured plaintiff can perform following an ijury. Performs studies of attempts at damage mitigation and future labor market employability in employment cases.


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