Retaining an economist in a product liability matter follows the injury or death engagement pattern, with attention to the claimant's circumstances. For a child or student the scope covers lost earning capacity built from educational attainment and occupational data; for a homemaker or retiree it centers on household services and any lost income or support; for a worker it covers the full earnings, benefits, and household components. The scope should name the sources of post-injury capacity and future care, and the records request should reach the school, employer, or household as the claimant's situation requires.
Checklist
Run the conflict check on the parties, manufacturers, distributors, and counsel
Scope the components to the claimant's circumstances
Request the earnings, school, or household records that define the but-for path
Identify the sources of the post-injury capacity opinion and any life care plan
Confirm the disclosure deadline and format
Questions to ask the economist
How do you support the educational attainment assumption for a child claimant?
How do you document household services for a homemaker with no wage history?
How do you value the lost support a retired claimant provided to others?
How do you handle a life expectancy opinion that differs from the tables?
Timeline
About one week for retention and the records request, then two to four weeks of analysis after the records arrive, then one to two weeks for the draft and final report.
Required documents
Tax returns and wage records, or school and training records for a child or student
Household composition and the claimant's pre-injury role in the home
Medical opinions on work restrictions and life expectancy
The life care plan or treating recommendations for future care, if any
Benefit plan documents for any prior employment
Common pitfalls
Applying an adult wage-earner template to a child, homemaker, or retiree claimant
Asserting an educational path for a child without the family and school record to support it
How does the economist document a homemaker's household services?
From the household's composition, the claimant's pre-injury schedule and tasks, time-use data for comparable households, and local replacement wage rates for each category of work. The report shows hours, rates, and present value by category so the fact finder can see how the figure was built.
What records replace the earnings history for a claimant without one?
For a child or student, school records, standardized testing, the family's educational history, and any training or work already begun; for a homemaker, the household's composition and a documented account of the claimant's tasks and schedule; for a retiree, the sources of income and support and the household work performed. The economist's records list is tailored to the claimant at retention.
How is the engagement coordinated with the other experts in a product case?
The scope names who supplies the post-injury capacity opinion, any life care plan, and any life expectancy opinion, and it sets the economic report deadline after those are due. Liability experts on the product itself are not part of the economic engagement. The engagement letter should provide for a supplemental valuation if the care projection changes.
References
U.S. Bureau of Labor Statistics. (n.d.). American Time Use Survey (ATUS). U.S. Department of Labor. bls.gov
U.S. Census Bureau. (n.d.). American Community Survey (ACS). U.S. Department of Commerce. census.gov
U.S. Bureau of Labor Statistics. (n.d.). Occupational Employment and Wage Statistics (OEWS). U.S. Department of Labor. bls.gov