Deposition preparation in a motor vehicle accident matter follows the report's structure: the earnings history and the base drawn from it, the dates out of work and the return, the post-injury path and its source, the fringe benefit rate, household services, and the growth and discount assumptions applied to each stream. Opposing counsel will look for an earnings base inflated by overtime or an unusual year, a return to work the report treats as a permanent loss without a supporting opinion, and household services hours that exceed the time-use data. The economist should be ready to explain each choice from the record.
Checklist
Confirm the earnings base against the tax returns and explain any overtime or unusual year
Verify the dates out of work and the return against the employer's records
Confirm the post-injury path is supported by a medical or work-capacity opinion
Review the household services hours against time-use data and the person's documented role
Assemble the reliance file and compare assumptions with the opposing report
Questions to ask the economist
Why did you select this earnings base, and how does the result change if the unusual year is excluded?
What supports treating the reduced-earnings return to work as a continuing loss?
How did you set the household services hours, and what wage rates did you apply?
Which growth and discount rates did you apply, and what is the net effect?
Timeline
One to two preparation sessions in the two weeks before the deposition, after the report and the reliance materials are final.
Required documents
The final report and its sources
Tax returns, pay stubs, and the employer's attendance and return-to-work records
The medical or work-capacity opinions the post-injury path relies on
The opposing economist's report
Common pitfalls
Building the base on a peak overtime year without explaining why it is representative
Treating a return to work as a permanent partial loss with no opinion in the record supporting the reduction
Applying household services hours that exceed what time-use data and the person's schedule support
What if the injured person's earnings recovered after the report was written?
The economist updates the post-injury path and issues a supplemental calculation. The engagement should anticipate updates, and the deposition preparation should cover what the report would show under the recovered earnings so the economist is not surprised by the question.
How does the economist respond to a question about the person's own account of their limitations?
By distinguishing the inputs the report relies on from the inputs it does not. The post-injury path rests on the medical or work-capacity opinions and on actual post-injury earnings; the household services hours rest on the person's documented pre-injury role and time-use data. The economist can explain how the result changes if a different limitation is assumed, without adopting the person's self-assessment as an opinion.
What does the preparation session cover for a bounded past-loss claim?
The dates out of work and the employer records that support them, the pay rate applied, any overtime or second job in the base, and the treatment of benefits during the absence. The session is shorter than for a full projection, but the same rule applies: every number ties to a record the economist can identify on the spot.
References
U.S. Bureau of Labor Statistics. (n.d.). Current Population Survey (CPS). U.S. Department of Labor. bls.gov
U.S. Bureau of Labor Statistics. (n.d.). American Time Use Survey (ATUS). U.S. Department of Labor. bls.gov
U.S. Department of the Treasury. (n.d.). Daily Treasury par yield curve rates. home.treasury.gov