Earnings Losses Analyses

Overview

We analyze earnings and fringe benefits loss allegations for defendants in injury and death lawsuits. Our analyses generally begin by analyzing the earnings the individual would have been expected to have but for the incident at issue in the lawsuit. The ‘but-for’ earnings scenario is then compared to the individual’s actual earnings.

Since 1997, we have provided analysis and testimony on lost earnings in hundreds of personal injury, products liability, wrongful death, employment, and medical malpractice lawsuits.

Earnings and Benefits

Earnings and fringe benefits loss allegations are typically a key component of injury and wrongful death lawsuits. We help defense attorneys by providing critiques and testimony on the present value of:

– Salary and commission earnings
– Legally required benefits such as Social Security
– Health, life, and other insurance benefits
– Retirement pensions and 401K plans

We have special expertise in analyzing the earnings losses in unique situations such as self employed workers, business owners, stay-at-home parents, minor children, students, and undocumented workers.

Employment Termination

The possibility of re-employment makes the calculation of damages in employment termination cases different from other types of cases.

In these assessments, we study the plaintiff’s knowledge, skills, and abilities to determine employer demand in the relevant job markets. We analyze:

– Post-termination labor market prospects
– Plaintiff’s job search efforts
– Back and front pay losses

We have special expertise at analyzing job openings and labor opportunities.

Household Services

Allegations of the lost household services incurred by the family members are a common component in cases involving injury or death. Household services include the value of services that the person would have been able to provide had they not been injured or killed.

In these cases, we critique estimates of the value of household services such as:

– Cleaning the house
– Taking care of children
– Managing household finances
– Running errands for household members
– Maintaining vehicles

In our research, we build statistical models of the alleged lost household services that allow us to fit time-use survey data to the injured or deceased person’s actual situation as closely as possible.