Dispatches from the witness box: Telling the jury about the data that the economic expert used

(continued from 2/10/2007 post...)

After the basic information about how economic damages calculated, the attorney will generally go over the data used in the calculation during the economist's direct . In wrongful death cases with individuals with somewhat checkered past (for example drug use and jail time) and infrequent work histories, the review of documents other than just W-2s and tax returns become very important.

The following illustrate thee trial testimony from such a case.

Question: what data and information did you review?

Ans: Generally, I reviewed all information that tell me about the person's ability to be employed in the labor market. In this case I reviewed all the information that was available that told me about that issue. That includes financial documents concerning his past employment. In this case the only documents that were available were a couple w2s and some documents from his past employer that showed how much he earned.

In addition I also reviewed medical records. In this type of case it is common to review medical records. The medical records tell the economist if there are any factors that will inhibit the person abliity to work. For example, does the person have any physical limitations and/or chemical dependency problems.

In addition, I also reviewed law enforcement and criminal justice records. These are important because it is generally accepted in the economics community that incarceration, arrest and convictions have an effect on a persons wages. The science of economics is very clear that 'run-ins' with the law decrease the projected wages for an individual.

Question 3. In this case did you find the usual information and financial records that you would find?

Answer:

No I did not. The level of financial document in regards to past earnings was not consistent with that of the average stable wage earner.

Question Why? Well for instance there were no tax returns. The only tax document showed that he earned less than 7000. The other documents I reviewed showed earnings less than 12000 a year for a full year.

Question 4: would the average person have filed taxes and had evidence of prior jobs?

Question 5. Did you see any documents that suggest he was getting additional education or training?

Question 6. Would you expect this for the average worker of any race or gender?