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  • Archive from category "Personal-Injury and Wrongful-Death"
February 3, 2023

Category: Personal-Injury and Wrongful-Death

This category include all of the articles related to Personal Injury

An Academic Study and a District Court Dispute the Hedonic Damages Theory

Tuesday, 26 November 2013 by CFES
By Jerome M. Staller, Ph.D.  and Scott F. Gibson, Esq. The “hedonic damages” theory, under which some experts claim to be able to assign a dollar value to the “enjoyment of life,” has come under attack on two fronts recently — an academic study brings into great question the validity of such testimony, and an opinion
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  • Published in Hedonic Damages, Personal-Injury and Wrongful-Death, Publications
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Hedonic-Damages Update

Tuesday, 26 November 2013 by CFES
By Chad L. Staller, MBA, JD, MAC Despite repeated stakes through the heart of hedonic-damages testimony — studies showing that the theory is unreliable, new evidence showing that the basis for such testimony in injury cases is nonexistent, and numerous successful motions-in-limine barring such testimony — the economic hedonists are still with us. Amazingly, they
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  • Published in Hedonic Damages, Personal-Injury and Wrongful-Death, Publications
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Worklife Tables Skew Damages Claims

Tuesday, 26 November 2013 by CFES
by Jerome M. Staller, Ph.D. A recent trend warrants careful consideration by plaintiff and defense counsel in personal-injury matters where damages to earning capacity is a key issue. Certain vocational counselors, usually with degrees in education or career counseling, are representing themselves as having expertise in economics — specifically, the ability to calculate lost earnings
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  • Published in Economic Damages in Personal Injury Litigation, Personal-Injury and Wrongful-Death, Publications
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Problems With The ‘New Worklife Tables 2006’: Still Problematic Despite Changes

Tuesday, 26 November 2013 by CFES
by Jerome M. Staller, Ph.D. Anthony M. Gamboa, Jr. of Vocational Econometrics Inc. (VEI) has produced a new edition of his New Worklife Expectancy Tables (the Tables), which purport to show, using statistical averages, how much work loss an injury will cause over the injured person’s lifetime. The Tables are used almost exclusively by plaintiffs
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  • Published in Economic Damages in Personal Injury Litigation, Personal-Injury and Wrongful-Death, Publications
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Delayed-Diagnosis Damages: A Gray Area in Need of Clarification

Tuesday, 26 November 2013 by CFES
By Jerome M. Staller, Ph.D. In failure-to-diagnose or delayed-diagnosis cases where the plaintiff’s life expectancy has been or may be reduced by the defendant’s actions, economic damages fall into a hazy area somewhere between personal-injury damages and death damages. Measuring damages either under strict personal-injury standards or strict death standards can lead to some significant
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  • Published in Economic Damages in Personal Injury Litigation, Personal-Injury and Wrongful-Death, Publications
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Determining the Lost Earning Capacity of Injured Business Owners

Tuesday, 26 November 2013 by CFES
By Chad L. Staller, JD, MBA, MAC Damages to business owners are not necessarily synonymous with lost profits. When dealing with an injury claim involving a business owner, these four questions are crucial to effective discovery: What type of business entity does the plaintiff have an interest in? Who is the claimant, the business or
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  • Published in Economic Damages in Personal Injury Litigation, Personal-Injury and Wrongful-Death, Publications
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A Tax Break for Plaintiffs Raises Interesting Issues

Tuesday, 26 November 2013 by CFES
By Chad L. Staller, J.D., M.B.A., M.A.C. and Stephen M. Dripps The Third Circuit recently delivered a significant clarification on economic damages in employment matters. In Eshelman v. Agere Systems Inc., 554 F.3d 426 (2009), the court held that plaintiffs in employment-discrimination suits may recover for the negative tax consequences of receiving a lump-sum award for back pay. (Circuit
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  • Published in Forensic Economic Analysis in Employment Litigation, Personal-Injury and Wrongful-Death, Publications
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