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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.

“Know the Value of Your Case!™”

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

The Impact of a Vocational Expert in a Medical Malpractice Case

April 25, 2022
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Medical negligence can cause devastating injuries. A recent case in Illinois illustrates how lawyers use vocational experts to establish loss of earning capacity as an element of damages. Maggie Zhao gave birth at a Federally
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The Impact of a Vocational Expert in a Family Law Case

April 11, 2022
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Family law courts make financial decisions for spouses who cannot come to an agreement when marriages dissolve. Those decisions typically involve the division of property and the payment of child support. In some cases, a
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The Impact of a Vocational Expert in a Workers Compensation Case

April 4, 2022
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State and federal workers’ compensation laws provide benefits to employees who are injured at work. In addition to employer-provided medical treatment, workers’ compensation benefits include payments to individuals who cannot earn their former income because
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