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, July 07, 2004

Do you actually need an economic damage report?

The work that the economist performs in an injury case, or any case for that matter, should add value to the retaining attorneys case. As an attorney there are certain questions that you can ask yourself that will help you ensure that you are getting the most out of your engagement with economic expert.

Questions plaintiff attorneys with injury cases should ask before engaging an economist:

1. [Pre-Injury Earnings Capacity] Do I have financial documents and descriptions of benefits for the complete work history of the injured person for at least the last 5 years?

2.[Pre-Injury Earnings Capacity] If it the person's employment history is checkered can the plaintiff provide enough information to fill out the gaps in employment?

3. [Post-Injury Earnings Capacity] Do you have a vocational report to support the claims of future impairment?

4. [Household Services] Do you have a medical document that buttresses the plaintiffs loss of ability to perform household services? If the plaintiff has been deposed, did he or she provide deposition answers that discuss the loss of household services?

5. [Household Services] If the spouse of the plaintiff has been deposed, did they provide any useful responses that could help establish the plaintiffs' loss of household services.


Questions defense attorneys with injury cases should ask before engaging an economist:

1. What is the purpose of economist's report? Is it to help impeach the plaintiff's economist? Is it to provide an alternative set of damage numbers to the jury? A clear objective allows your economist to focus their energy in the areas that will be most useful for your case.

2. If the plaintiff has been deposed, did I ask the right questions concerning wages, benefits, and household services (see questions above) at the deposition? For example, is it clear what the plaintiff claims that they can no longer do around the house?

3. Have I collected all the relevant employment records, including job performance and social security statements for the plaintiff?


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