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Economic Damage Presentations

We measure and present evidence of economic damages for loss of earnings capacity (both past and future) when a partially disabled plaintiff has resumed working and earning as much as, (or even more than) he was earning prior to the subject incident.

The presentation of damages in a personal injury case is a three-part process. The process is analogous to building a house. The foundation for the damages is laid by the physician who will discuss the case with regard to impairment and functional capacity. The framework is constructed by the vocational expert who discusses the effect of the impairment on the client’s ability to work and earn money.

The expert will answer such questions as:

Can the individual go back to his/her prior work?
Can the client perform the full range of this work?
Has the injury affected the client’s ability to avail themselves of overtime opportunities?
If the client cannot return to his/her pre-injury occupation, can the skills previously learned or education obtained be transferred to other types of jobs requiring less physical capabilities?
If there are no transferable skills, what unskilled work can be performed, and at what exertion level?
How much do the jobs the client can perform pay?
Is there any work that the client can perform given his/her physical and/or psychological limitations?

The last component of the house to be added is the roof. This is built by the economist who extrapolates the information provided by the vocational expert and projects the wage data. This will provide the future loss of earning capacity which becomes the “bottom line” figure.

This method of “building” the damages part of the case is extremely effective as each expert is supported by the other, and it thus solidifies and moves the case presentation along in court. If each attorney attempts to shortcut the three-part damage process, leaving out one of the three experts, a loophole is provided for the other side’s scrutiny.

The techniques used by a vocational expert in Workers’ Compensation, wrongful termination, and divorce cases do not differ from those encountered in personal injury cases. The types of disabilities evaluated in these cases can range from a severely fractured wrist to a torn medial meniscus, to a herniated cervical or lumbar disc, to a spinal cord injury. Emotional or psychological disabilities are also prevalent. Due to the range of disabilities and their varying affects on earning capacity, it is prudent to retain a vocational expert to assess employability and earning capacity.

The use of a vocational expert is an important part of developing the damages in a case. Contact OAS at 1-800-292-1919 and hire us as your vocational evaluation and life care plan expert. We’ll assist you in determining the amount of earning capability through our economic damage presentation process.

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Case Verdicts

CEREBRAL PALSY, SEIZURE DISORDER, BRAIN DAMAGE

STATE CHILD-WELFARE WORKERS MISSED SIGNS OF ABUSE

Verdict: $165,972,503

Verdict Details

QUADRIPLEGIA

FAILURE TO WARN, PRODUCTS LIABILITY - FAILURE TO WARN, PRODUCTS LIABILITY - AUTOMOBILES

Verdict: $40,190,417.20

Verdict Details

HEAD INJURIES AND FRACTURES

CAR WAS PROPELLED OUT OF COLLISION, STRUCK BYSTANDERS

Verdict: $9,000,000

Verdict Details

ABOVE-THE-KNEE AMPUTATION

XI/1-1 PRODUCT LIABILITY WOODCHIPPER ABOVE-THE-KNEE AMPUTATION REMITTITUR REFUSED

Verdict: $6,849,654.50

Verdict Details

RIGHT KNEE SPRAIN, HERNIATED DISCS

IRONWORKER FELL INTO HOLE, CLAIMED INJURIES OF SPINE, KNEE

Verdict: $5,900,000

Verdict Details

BACK AND KNEE INJURIES

IRONWORKER FALLS INTO HOLE AT CONSTRUCTION SITE AND INJURES BACK AND KNEE.

Verdict: $5,900,000

Verdict Details

RIGHT KNEE SPRAIN, HERNIATED DISCS

IRONWORKER FELL INTO HOLE, CLAIMED INJURIES OF SPINE, KNEE.

Verdict: $5,900,000

Verdict Details

Hip Fracture, Leg Fracture, Back Tear and Neck Injury

LABORER FALLS OFF A WHEELED SCAFFOLD AND INJURES BACK, KNEE AND HIP.

Verdict: $5,600,000

Verdict Details

HIP FRACTURE, BACK FUSION, NERVE IMPINGEMENT

WORKER FELL FROM SCAFFOLD, CLAIMED INJURIES OF HIP, SPINE, KNEE.

Verdict: $5,600,000

Verdict Details

NECK INJURY AND FUSION

MOTORIST NOT MINDFUL OF WET ROAD CONDITIONS, INJURED PASSENGER.

Verdict: $5,500,000

Verdict Details

PELVIS AND LUMBAR FRACTURES, BROKEN RIBS

WORKER FALLS FROM LACK OF HARNESS INTO UNGUARDED HOLE.

Verdict: $5,350,000

Verdict Details

WORKER BROKE LEG IN FALL FROM 'INAPPROPRIATE' LADDER

LABOR LAW, SLIPS, TRIPS & FALLS - FALL FROM HEIGHT, CIVIL PRACTICE - SUMMARY JUDGMENT.

Verdict: $5,003,801.54

Verdict Details

HEAD INJURY

SECURITY GUARD STRUCK BY FALLING WALL.

Verdict: $5,000,000

Verdict Details

HERNIATED DISCS

REAR-ENDED COLLISION RESULTED IN INJURIES.

Verdict: $4,775,000

Verdict Details

Latest Blogs

Using Vocational Experts in Traumatic Brain Injury Lawsuits

September 20, 2021

A traumatic brain injury (TBI) is a disruption of the brain’s ability to function normally due to an outside event. In 2017, more than one million patients were treated in emergency departments for a TBI.

Vocational Experts and Doctors Play Different Roles in Personal Injury Trials

September 13, 2021

Plaintiffs’ lawyers sometimes try to prove the loss of future earning capacity through the testimony of a treating physician. A recent decision from a federal court in the Eastern District of Pennsylvania illustrates the risk

How Does Loss of Earning Capacity Differ from Loss of Future Earnings?

September 6, 2021

loss of earning capacity differs from loss of future earnings

Loss of future earnings and loss of earning capacity are very different measures of damages that result from a personal injury. Although both kinds of damages are caused by vocational impairment, they are based on