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 with Q&A


Conducted on Thursday, September 20, 2012

Recorded event now available

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Program Materials

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.

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Outline

  1. Introduction: compensatory damages based on economic loss
  2. Loss of earning capacity
    1. Pre-injury earning capacity
    2. Residual earning capacity
    3. Fringe benefits
    4. Social Security payouts
    5. Taxes
  3. Life care planning
  4. Loss of household services
  5. Calculation methodologies: converting future sums into present value amounts
  6. Mitigation of loss
  7. 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?

Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.

Faculty

Ronald T. Luke
Ronald T. Luke

President
Research & Planning Consultants

He has been licensed as an attorney in Texas since 1975. He has consulted on projects for healthcare providers, managed...  |  Read More

Kacy L. Turner
Kacy L. Turner

Vocational Consultant
Research & Planning Consultants

She has more than 10 years of experience as a rehabilitation consultant and vocational analyst in three states. To...  |  Read More

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