Product Description
This toolbook is loaded with practical forms, procedures, tables, and tactics from two veteran economists who have consulted on thousands of cases. The explanations are thorough, the math is straightforward, and the advice is detailed and valuable. Whether or not your case justifies retaining an expert, Determining Economic Damages can guide you start-to-finish through damage assessment and proof:
In personal injury and wrongful death cases:
- Determine past and future income losses.
- Compute the value of fringe benefits.
- Adjust for personal consumption.
- Adjust for income taxes.
- Measure the replacement value of household services.
- Compute life and worklife expectancy.
- Convert medical and rehabilitation reports into dollar values.
- Convert future losses to their present value.
- Put everything together to calculate loss.
- Prepare your case and expert for trial.
- Depose and cross-examine the opposing expert.
In business and commercial cases:
- Determine economic damages in employment disputes
- How to prove or disprove lost profits
- Value a business: the three approaches
- Measure damages in patent, copyright, trademark, and trade secret infringement cases
Determining Economic Damages comes with over 100 questionnaires, Tables, and Worksheets. Some of the helpful tables and forms include:
The Economist
Questions for Qualifying your Expert at Trial, Preparing Your Expert for Trial, Government Agency Addresses, Suggested Personal Library Holdings, Personal Injury/Wrongful Death Bibliography, Checklists of Information to be Provided by Attorney, Checklist of Information to be Provided by Economist, Personal Injury Questionnaire, Wrongful Death Questionnaire, Wrongful Termination Questionnaire
Past & Future Earnings
Table of Average Weekly Hours Earnings, Wage Growth in Different Industries, Changes in Consumer Price Indexes, Productivity Trends in Selected Industries, Tables of Earnings for College Graduates by 6 Variables, Household Data, Median Weekly Earnings, 12 Tables of Geographic Comparisons, Farm Worker Demographics and Earnings, Consumer Price Index: Transportation and Medical Care, Union Contract Excerpt, Cohort Tables, Earnings Forecasts, Inflation Forecasts, and dozens more tables
Determining the Value of Benefits
Employer Costs, Employment Cost Index for Civilian Workers 1982-96, Total Benefits as Percent of Payroll, Adjusting for Personal Consumption and Support Factors, Personal Injury Report, Wrongful Death Report, Wrongful Birth Report, With Samples: Summary of Losses, Basis for Evaluation, Calculations
The Value of Household Services
Three Sample Dollar Value of a Day Tables, Sample Computation of Household Production Value, Suggested Cross Examination Questions for Loss Expert
Life and Work Expectancy
Life Table for Males, Life Table for Females, Civilian Labor Force Participation Rates by Sex, Work Life Expectancy Tables for Males, Work Life Expectancy Tables for Females, Sample Calculations
Using Reports of Medical and Rehabilitation Experts
Personal Injury Report, Wrongful Death Report, Wrongful Birth Report, With Samples: Summary of Losses, Basis for Evaluation, Calculations
Methods to Calculate Losses
Personal Injury Report, Wrongful Death Report, Wrongful Birth Report, With Samples: Summary of Losses, Basis for Evaluation, Calculations
Putting It All Together
Summary of Losses (Personal Injury, Wrongful Death, Wrongful Birth), Basis for Evaluation, Calculations of Losses
REVISION 27 HIGHLIGHTS
This edition brings you three new chapters:
Chapter 16 Commercial Economic Damages: Lost Profits
- What Is Needed to Prove (or ‘Disprove’) Commercial Economic Damages?
- Key Questions for a Damages Expert in Assessing a Lost Profits Claim
- Establishing a Basis for Lost Profits
- Information Needs and Choice of Measurement Method
- Lost Profits Models and Case-Specific Examples
- Lost Profits for a New Business
Chapter 17 Commercial Economic Damages: Loss of Business Value
- Three Approaches to Business Valuation: Asset Based, Income, and Market Approaches
- Income Methods: CCF and DCF
- Cost of Capital
- Discounts and Premiums
Chapter 18 Economic Damages from Intellectual Property Infringement
- Patent Infringement Damages
- Lost Profits and the Panduit Factors
- Copyright Infringement Remedies
- Damages Issues in Trademark Infringement Cases
- Comments on Trade Secret Damages
- Reasonable Royalty Damages and the Georgia Pacific Factors
Plus, 21 data tables in Chapter 3 Past and Future Earnings and Chapter 4 Employer Provided Paid Benefits have been updated. Chapter 8 Income Tax Consequences of Damage Awards and Settlements includes updates to reflect the 2018 tax law changes. Chapter 8 also now includes a method for ‘grossing up’ to offset the likely adverse tax consequences from a lump sum damages award.
