Ensure that your economic expert's report will support your damages claim

We were recently contacted by a personal injury attorney who asked a question undoubtedly on many attorneys’ minds: “If you were to produce an economic damage report for my case, how do I know that your conclusions will be inline with the interests of my client?”

The short answer: You don’t. But by staying in communication with your expert and making a few simple requests, you should be able to predict if their report will support the claim of damages in your case.

First, discuss the basics of the case with the potential expert. Explain where you see the damages in your case and listen for any objections he or she may have to your logic. If the expert seems to agree with you idea that damages likely exist, ask if he or she would be willing to review minimal case documents prior to retaining him or her to confirm that you both agree there are damages in the case inline with your expectations. These documents may include the original petition and the plaintiff’s tax and benefits documents. Finally, if you choose to retain the expert, you may request that he or she stay in verbal communication with you as the damage analysis is being performed. Ask that you be contacted with initial damage estimates before the report is finalized. This should give you the final confirmation you need that the expert’s opinion will support your argument in the case.