Economic Damages in Personal Injury Litigation
Defend on damages at trial or risk appeal
Friday, 06 December 2013
Pennsylvania courts require defense on all aspects of damages claims Pennsylvania courts have repeatedly ruled that 1) jury verdicts must bear a reasonable resemblance to evidence proffered at trial and 2) a defendant who does not address and sufficiently call into controversy damages issues at trial may face a new trial on damages if the
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Pension Damages: The Basics
Wednesday, 27 November 2013
by Chad L. Staller and Brian Conley An ironworker suffers a severe injury at the work site and is rendered totally disabled. His economic damages include past and future medical expenses, of course, and lost income through to his projected retirement age. In addition, he may have a claim for another element of loss — pension
Determining the Lost Earning Capacity of Undocumented Workers
Wednesday, 27 November 2013
By Chad L. Staller, J.D., M.B.A., M.A.C. Currently, undocumented aliens injured on the job in the United States may recover damages for lost earning capacity, but this area of law is in flux. Things could change as courts continue to interpret the extent of recovery available to undocumented workers and as state legislatures debate statutes limiting recovery. As
Goodbye Kaczkowski? A Recent Ruling Reopens the Door to Debate
Wednesday, 27 November 2013
by Chad L. Staller, MBA, JD, MAC Could the beginning of the end be in sight for Kaczkowski v. Bolubasz, the 1980 state Supreme Court opinion on the awarding of damages that is widely regarded by defense counsel as an unwarranted gift to plaintiffs? In a dissenting opinion to the court’s December ruling in Helpin v. Trustees
Beyond 1040: Six Sources of Evidence on Lost Earnings
Wednesday, 27 November 2013
by Chad L. Staller, MBA, JD, MAC A plaintiff’s tax returns are generally the primary source of evidence on the extent of lost past and future income in a personal injury or wrongful death matter, but other records and evidence may clarify and augment the loss analysis. Consider these sources when preparing a damages case:
Pennsylvania Courts Make the Case for Detailed Damages Defense
Wednesday, 27 November 2013
What’s It Worth? Discovery for Economic Damages
Wednesday, 27 November 2013
Worklife Tables Skew Damages Claims
Tuesday, 26 November 2013
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
Problems With The ‘New Worklife Tables 2006’: Still Problematic Despite Changes
Tuesday, 26 November 2013
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
Delayed-Diagnosis Damages: A Gray Area in Need of Clarification
Tuesday, 26 November 2013
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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