Personal Injury Litigation: Proving or Disproving Economic Damages
Navigating Methodologies and Factors Impacting Court Awards and Best Practices for Recruiting Financial Experts
Recording of a 90-minute CLE webinar/teleconference with Q&A
Conducted on Thursday, September 20, 2012
Recorded event now available
This CLE webinar will provide counsel with the controlling factors and methodologies used by courts to determine amounts of economic damages awards, including the computations, evidence and arguments that counsel should be ready to employ when working with experts.
Description
After a decision for the plaintiff, next comes the stage of a lawsuit where the trier of fact will consider what, if any, compensatory damages based on economic loss should be awarded. Economic damages can cover lost wages, medical bills and funeral costs, property damage, and loss of household services.
Despite the straightforward categorizations, however, presenting evidence of economic loss is a complex undertaking. There is a wave of numbers, references and computational methodologies to be considered, and financial experts are called upon to assist the court in awarding damages.
Counsel for plaintiffs and defendants must be ready to recruit economic professionals, work effectively with them, and prepare to persuade the court or jury for the most favorable interpretation that will have an impact on the award's bottom line.
Listen as our panel examines how economic damages are proved and challenged in personal injury cases, focusing on contentious issues like the value of medical expenses, vocational loss, methodology, and other calculation factors. The panel will also outline best practices for evaluating and recruiting experts.
Outline
- Introduction: compensatory damages based on economic loss
- Loss of earning capacity
- Pre-injury earning capacity
- Residual earning capacity
- Fringe benefits
- Social Security payouts
- Taxes
- Life care planning
- Loss of household services
- Calculation methodologies: converting future sums into present value amounts
- Mitigation of loss
- Considerations when recruiting damages experts
Benefits
The panel will review these and other key questions:
- What are some methods for estimating future earnings?
- When converting future economic losses into present value amounts, what factors have had an impact in courts—and what factors have not?
- Do damage awards take into account steps the plaintiff should take to mitigate their loss?
- What key factors should counsel consider when recruiting financial experts?
Faculty
Ronald T. Luke, President
Research & Planning Consultants, Austin, Texas
He has been licensed as an attorney in Texas since 1975. He has consulted on projects for healthcare providers, managed care plans and public agencies in more than 25 states. He also serves as an expert witness in trials, administrative proceedings and legislative hearings.
Kacy L. Turner, Vocational Consultant
Research & Planning Consultants, Austin, Texas
She has more than 10 years of experience as a rehabilitation consultant and vocational analyst in three states. To determine the pre-injury and post-injury employability in personal injury cases, she provides vocational testing, transferable skills analysis, job requirements analysis, rehabilitation plans, and definition of reasonable accommodations under the Americans with Disabilities Act.
Ordering
Online CLE - Audio Recording
Includes streaming audio of full program plus handouts (available 24 hours after live program).
CLE:
Pre-approved for participatory or non-traditional/alternate format credit in: CA, HI*, NY*, WV*.
Pre-approved for self-study credit in: AK, AZ, MO, MT, TX*, VT, WA.
Upon request, also available in: CO, CT*, FL, GA, ID, KY, LA*, ME, NC, ND, NE, NH, NM, NV, OR*, SC, TN, UT, WI, WY. If you are applying for credit in one of these states, make sure to select those states when placing your order.
(*Indicates that Strafford must report attendance.)
Online CLE Audio $147.00
Available 24 hours after the live event
Recorded Event
Includes full event recording plus handouts (available after live seminar).
CLE: Pre-approved for self-study credit in: AK, AZ, CA, CT, HI, MO, MT, NY, TX*, VT, WA, WV. Upon request, self-study credit is also available in: CO, FL, GA, ID*, KY, ME, ND, NE, NH, NM, NV, OR, UT, WI, WY. If you are applying for self-study credit in one of these states, contact Strafford CLE at 1-800-926-7926 ext. 35 or CLE@straffordpub.com. (*Indicates that Strafford needs to process the CLE — see below to purchase this option.)
Webinar Download (Slide Presentation with Audio) $147.00
Available three business days after the live event
DVD (Slide Presentation with Audio) $147.00
plus $9.45 S&H
Available ten business days after the live event
MP3 Download (Audio with Slide PDFs) $147.00
Available 24 hours after the live event
CD (Audio with Slide PDFs) $147.00
plus $9.45 S&H
Available ten business days after the live event
Webinar/Teleconference
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Program Materials
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Program Materials
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CLE Credit
Strafford's live seminars qualify for CLE in every state that accredits webinars. They offer you a high quality, cost effective, and convenient CLE option, with no lost travel time or expenses.
Customer Reviews
Overall, a very good presentation. For my practice, the presentation was relevant and highly informative.
David Lawrenz
Hinkle, Hensley, Shanor & Martin
The relevance of the material and impact on the PI practice area was greatly appreciated.
Derek M. Baroumes
Baroumes & Bruen
Great content, including everyday examples, provided by each speaker.
Tim Reed
Duncan Firm
I liked the practical and specific tips.
Natalie Lyons
The Cannon Law Firm
The webinar was well-presented, interesting and informative.
Randi Saul-Olson
McKinney, Wainwright & Saul-Olson
Litigation Advisory Board
Partner
Reed Smith
Counsel
O’Melveny & Myers
Partner
SNR Denton
Shareholder
Capes Sokol Goodman & Sarachan
Partner
Baker & Hostetler
Partner
Mayer Brown
Partner
Akin Gump Strauss Hauer & Feld
Robert B. (Barry) Wiggins
Director
Deloitte Financial Advisory Services
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