Calculating lost wages for foreign workers killed in the U.S.

Calculating damages for individuals who reside in other countries but are killed or injured in the U.S. is difficult. In these types of cases, we typically do not have sufficient knowledge, and/or data on a number economic factors that we usually consider when performing economic earnings or revenue loss. For instance, many countries do not have and maintain data that can be easily used to calculate personal consumption factors. In some instances, determining the amount of taxes the individual might have paid in the foreign country may also be difficult.

In the next few post, we will be discussing a case, Ostrowiecki vs. Aggressor Fleet, Ltd., CIVIL ACTION No. 07-6598,CIVIL ACTION No. 07-693, United States District Court in Louisiana, that deals with the death of a Brazilian business owner.

Estimating economic damages based Mexican wages

Sources of Mexican wage information:

www.inegi.gob.mx: The Mexican version of the U.S. BLS gold standard for wage information. A wealth of information on salaries (salarios, ingreso, and -->Remuneraciones). Many of the statistics and wage information is provided in U.S. dollars. Tables showing the salary distribution (rangos de ingreso mensual) can also be found.

Information can also be found on the age distribution of Mexican workers. The age distribution is useful because it can help determine a reasonable Mexican work life. There are also statistics on the unemployment rate and the minimum wage for Mexican workers. The minimum wage varies by Mexican state.

(In some setting, the low end estimate of the loss of Mexican earnings capacity can be determined using the minimum wage)

Other sources:

Annuario Estadistico De Los Estados Unidos Mexicano

Instituto Nacional De Estadistica Geografia e Informatica

International prespective on economic damages

South Africa:

A prostitute who is suing her former employers on a charge of unfair dismissal.

...Here in Cape Town (prostitution is illegal as in against the law in South Africa) a woman sued for wrongful termination seeking past and future damages. She was a prostitute who was fired because her madam said she was too "picky" regarding whom she would "work" for. So they canned her.

However, Michael Bagraim [an attorney in South Africa] said the woman should have protection under the Labour Relations Act. "Every single person who is employed and receives a salary, even if they receive it by doing something illegal, is entitled to protection.

"The Labour Court should not judge based on the Criminal Procedures Act nor should the judgment be morally binding. "They will be governed by the constitution and if she wins, it will be a landmark ruling."