Personal Injury: Is an Economist Needed?

By Christopher Skerritt, M.Ed., MBA, Chief of Economic Services · Published · Reviewed

A personal injury claim needs an economist once the loss runs past what the pay records show on their face. A few weeks of documented lost wages can be presented from the pay stubs alone. When the person has not returned to the prior job, has returned at reduced hours or pay, faces future treatment, or can no longer do the household work they did before, the projection, growth, and present value questions call for an economic analysis. The decision turns on the size and duration of the loss, not on the severity label attached to the injury.

Checklist

  1. Confirm how long the person was out of work and whether they have returned at the same or a lower level of earnings
  2. Gather three to five years of tax returns, W-2s or 1099s, and recent pay stubs so the pre-injury earnings base can be judged
  3. Identify the fringe benefits that came with the job: employer retirement contributions, health insurance, and any pension accrual
  4. Determine whether a treating provider has projected future treatment or whether a life care plan exists or is planned
  5. Note who did the household work before the injury and what the person can no longer do at home

Questions to ask the economist

Timeline

One to two weeks from the first call to a preliminary view of the loss, once the earnings records are in hand. A full report follows the retention and records phases described on the services pages.

Required documents

Common pitfalls

Frequently Asked Questions

Is there a minimum loss that justifies retaining an economist?

There is no fixed threshold. The practical test is whether the loss extends into the future or involves components that must be projected, grown, and discounted. A short, fully documented past wage loss rarely needs an expert; a loss that continues past the date of trial almost always does.

Can the economist work from partial records at this stage?

Yes. A preliminary range can be built from tax returns and a description of the injury's effect on work. The full report needs the complete earnings and benefit records, and the post-injury path needs the medical or work-capacity opinions in the record. When no such opinion exists, that gap is coordinated with a vocational specialist rather than filled by the economist.

What does a preliminary economic analysis cost relative to a full report?

A preliminary range is a limited engagement built from the tax returns and a description of the injury's effect on work, so it costs far less than a full report. The full report adds the records review, the projection of each component, the sensitivity tables, and the written opinion, and the engagement letter states the fee basis for each phase. Counsel can stop after the preliminary range if the loss does not justify going further.

References

Request a consultation on Personal Injury or call (201) 343-0700. Plaintiff and defense counsel.