The Witness Box

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

Thursday, January 06, 2005

Can an economist affect the damages awarded?

From Gerald Martin’s Determining Economic Damages, section 104, 2004:

“Not all attorneys use an economist, nor are they convinced of the value of using one. For those who do not think an economist makes a difference, some numbers may be illuminating. Dr. Robert Trout of Spectrum Economist (619 Vulcan Ave., Suite 210, Encinitas, CA 92024, phone (619) 944-9721) examined over 1,000 cases in California in the year ending in July 1988. Included were cases where neither side used an economist, where only the plaintiff used one, where only the defendant used one, and where both sides retained an economist.

“When neither side used an economist, the average award was $180,317. When the plaintiff retained an economist, and defendant did not, the average award jumped dramatically to $418,355. This, alone, should alert defense to the possible need for some economic expertise. To emphasize this, in the cases where both sides used an economist, the award dropped all the way to $98,567. This is certainly not conclusive proof of the value of an economist to your case, but it is food for thought by both sides.”

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