Update to Assessing Economic Damages in Personal Injury and Wrongful Death Litigation: The State of California

2021 ◽  
Author(s):  
Barry Ben-Zion ◽  
Michael Visser
Keyword(s):  
The State ◽  
Personal Injury ◽  
Forensic Economics ◽  
Wrongful Death ◽  
Death Cases ◽  
Economic Damages

Abstract This article is designed to update the original article that appeared in the Journal of Forensic Economics, 17:3 (2004). The article discusses a change in procedure for expert discovery and deposition and five substantive changes and clarifications affecting the legal guidance for valuation of damages in personal injury and wrongful death cases in California.

Assessing Economic Damages in Personal Injury and Wrongful Death Litigation: The State of Maryland

2021 ◽  
Author(s):  
Joseph Irving Rosenberg ◽  
Thomas C. Borzilleri
Keyword(s):  
Expert Testimony ◽  
The State ◽  
Personal Injury ◽  
State Court ◽  
Court System ◽  
Forensic Economics ◽  
Wrongful Death ◽  
Death Cases ◽  
Economic Damages

Abstract This article is one in the Journal of Forensic Economics series providing experts with information about how to prepare and testify about economic damages in personal injury and wrongful death cases in the state of Maryland.1 Topics covered include a review of the Maryland state court system, rules regarding expert testimony, and wrongful death and personal injury economic damages calculations. An Appendix contains the relevant statutes.

Assessing Economic Damages in Personal Injury and Wrongful Death Litigation: The State of New Mexico

2019 ◽  
Vol 28 (1-2) ◽  
pp. 211-226
Author(s):  
Antonio Avalos ◽  
R. Sean Alley ◽  
Philip T. Ganderton
Keyword(s):  
New Mexico ◽  
Expert Testimony ◽  
Value Of Life ◽  
The State ◽  
Personal Injury ◽  
State Court ◽  
Court System ◽  
Forensic Economics ◽  
Wrongful Death ◽  
Economic Damages

Abstract This article contributes to the Journal of Forensic Economics series on economic damages assessment in individual states by presenting the framework for calculating economic damages in personal injury and wrongful death actions in the State of New Mexico. Topics covered include a review of the New Mexico state court system, procedural rules regarding expert testimony and related discovery, wrongful death and personal injury relevant economic damages calculations, and testimony regarding value of life damages. Other topics relevant to the practicing forensic economist are also discussed.

Assessing Economic Damages in Personal Injury and Wrongful Death Litigation: The State of Iowa

2018 ◽  
Vol 27 (1) ◽  
pp. 71-91
Author(s):  
David I. Rosenbaum ◽  
Kimberly P. Knoshaug
Keyword(s):  
Common Law ◽  
Case Law ◽  
The State ◽  
Personal Injury ◽  
Practice Elements ◽  
Jury Instructions ◽  
Wrongful Death ◽  
Death Cases ◽  
Economic Damages

Abstract This article presents a framework for computing damages in Iowa personal injury and wrongful death cases. The analysis is based on statute, common law, case law, jury instructions, and practice. Elements unique to personal injury and wrongful death cases are discussed, as well as elements common to both. Iowa proves to be somewhat unique in damages allowed in cases of wrongful death. The role and requirements for damage experts are examined as well.

Assessing Economics Damage in Personal Injury and Wrongful Death Litigation: The State of New York

2011 ◽  
Vol 22 (1) ◽  
pp. 75-100 ◽  
Author(s):  
Lawrence M. Spizman ◽  
Frank D. Tinari
Keyword(s):  
New York ◽  
Medical Malpractice ◽  
The State ◽  
Personal Injury ◽  
Economic Damage ◽  
Court System ◽  
Accepted Practice ◽  
Wrongful Death ◽  
Death Cases ◽  
Economic Damages

Abstract Contributors to the Journal of Forensic Economics are compiling a state-by-state series of papers on how economic damages are assessed in personal injury and wrongful death cases. This paper discusses the rules of the court, the court system, and case law for the state of New York. New York's system is unique in several important ways. The state has passed statutes that specify in some detail both the method to be used to calculate damages and how a jury's verdict is to be transformed into a judgment. New York Civil Practice Law & Rules (CPLR) Articles 50-A and 50-B provide for separate and different treatment of medical malpractice cases and for all other standard torts, respectively. As a result, the damages sections of the two statutes provide specific guidance to the economic expert. Further, except in medical malpractice death cases, New York is different from other states in that its court does not require testifying economic damages experts to discount to present value. This paper discusses these issues and others to familiarize economic damages experts with the relevant court rules and rulings, as well as accepted practice, when performing economic damage appraisals in the state of New York.

Assessing Economic Damages in Personal Injury and Wrongful Death Litigation: The State of Alaska

2010 ◽  
Vol 21 (2) ◽  
pp. 199-218
Author(s):  
Laura J. Taylor
Keyword(s):  
Legal Framework ◽  
The State ◽  
Personal Injury ◽  
Court System ◽  
Discovery Process ◽  
Economic Expert ◽  
Subsistence Activities ◽  
Wrongful Death ◽  
Death Cases ◽  
Economic Damages

AbstractIn contribution to the series on economic damages in personal injury and wrongful death cases by state, this article presents the legal framework for calculating economic damages in civil litigation in the State of Alaska. Areas of discussion include the court system in Alaska, the requirements for an economic expert in the discovery process, earnings calculations and the related deductions in personal injury and wrongful death matters. In addition, non-economic damages are briefly addressed, as are subsistence activities and the Permanent Fund Dividend.

Assessing Economic Damages in Personal Injury and Wrongful Death Litigation: The State of South Carolina

2018 ◽  
Vol 27 (2) ◽  
pp. 179-191
Author(s):  
Nikanor Volkov
Keyword(s):  
South Carolina ◽  
Medical Malpractice ◽  
Common Law ◽  
Case Law ◽  
The State ◽  
Personal Injury ◽  
Practice Elements ◽  
Wrongful Death ◽  
Death Cases ◽  
Economic Damages

Abstract This article presents a framework for computing damages in South Carolina personal injury and wrongful death cases including those that are caused by medical malpractice. The analysis is based on statute, common law, case law, and practice. Elements unique to personal injury and wrongful death cases are discussed, as well as elements common to both. The role and requirements for damage experts are also presented.

Assessing Economic Damages in Personal Injury and Wrongful Death Litigation: The State of New Jersey

2010 ◽  
Vol 21 (2) ◽  
pp. 219-234 ◽  
Author(s):  
Frank D. Tinari ◽  
Kristin K. Kucsma
Keyword(s):  
New Jersey ◽  
The State ◽  
Personal Injury ◽  
Economic Damage ◽  
Court System ◽  
Earnings Losses ◽  
Standard Practices ◽  
Wrongful Death ◽  
Death Cases ◽  
Economic Damages

Abstract Contributors to the Journal of Forensic Economics are compiling a state-by-state series of papers on how economic damages are assessed in personal injury and wrongful death cases. This paper discusses rules of the court, the court system, and case law for the State of New Jersey. Overall, New Jersey is both different and the same as many other states. The court requires experts to discount to present value, use gender-neutral life expectancy tables, and subtract personal income taxes when estimating earnings losses. New Jersey also accepts expert testimony regarding the value of lost companionship services and advice and counsel services in death cases. This paper discusses these issues and others, with a goal of familiarizing forensic economists with the relevant court rules and rulings and standard practices when performing economic damage appraisals in the State of New Jersey.

Update to Assessing Economic Damages in Personal Injury and Wrongful Death Litigation: The State of Nebraska

2021 ◽  
Author(s):  
David I. Rosenbaum ◽  
Mark Richardson
Keyword(s):  
The State ◽  
Personal Injury ◽  
Wrongful Death ◽  
Death Cases ◽  
Economic Damages

Abstract In a recent paper, Rosenbaum and Richardson (2019) described assessing economic damages in personal injury and wrongful death cases in Nebraska. That article omitted discussion of Nebraska's rules regarding hedonic damages. This note corrects that omission.

Assessing Economic Damages in Personal Injury and Wrongful Death Litigation: The State of Washington

2015 ◽  
Vol 26 (1) ◽  
pp. 115-131
Author(s):  
Laura Taylor ◽  
William G. Brandt
Keyword(s):  
Legal Framework ◽  
The State ◽  
Personal Injury ◽  
State Court ◽  
Court System ◽  
Post Injury ◽  
Injury Death ◽  
Wrongful Death ◽  
Death Cases ◽  
Economic Damages

Abstract In contribution to the series on economic damages in personal injury and wrongful death cases by state, this article presents the legal framework for calculating economic damages in personal injury and wrongful death actions in the State of Washington. Topics covered include the Washington State court system, expert testimony and discovery, survival and wrongful death statutes, dependency, life expectancy, earning capacity, household services, taxes, consumption and present value. Also briefly discussed are investment income, lost inheritance, post-injury death, mitigation, collateral sources, and punitive damages.

A Supplement to “Assessing Economic Damages in Personal Injury and Wrongful Death Litigation: The State of South Dakota”

2010 ◽  
Vol 21 (2) ◽  
pp. 195-197
Author(s):  
George Langelett ◽  
Scott Fausti
Keyword(s):  
Interest Rate ◽  
South Dakota ◽  
Discount Rate ◽  
Case Law ◽  
The State ◽  
Personal Injury ◽  
Forensic Economics ◽  
Workmen's Compensation ◽  
Wrongful Death ◽  
Economic Damages

Abstract In the Fall 2007 issue of the Journal of Forensic Economics Ralph J. Brown and Erik L. Olsen outline case law relevant for forensic economics in the areas of personal injury and wrongful death litigation in the State of South Dakota. This note supplements Brown's and Olsen's work by discussing three additional issues of which readers should be aware before practicing forensic economics in the State of South Dakota. These issues are: the statutory pre-judgment interest rate, the required discount rate in workmen's compensation cases, and the statutory increase in compensation in workmen's compensation cases.

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