The case type fixes what an economic damages claim consists of: in an injury or death matter, the earnings, benefits, and household services a person would have provided; in an employment, commercial, or family matter, the wages, profits, cash flows, or business value at issue. KW Economics prepares the analysis for plaintiff and defense counsel alike, and each page below sets out the components of the claim, the records that drive it, and how the number is built.
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Personal Injury - Personal injury matters range from orthopedic injuries with a defined recovery to permanent impairments that end a career. The economic claim is built from the injured person's earnings history, the…
Wrongful Death - In a wrongful death matter the economic claim measures what the decedent would have contributed to the household over the rest of an expected life, not what the decedent would have earned in…
Medical Malpractice - Medical malpractice matters present the economic loss questions of a personal injury or wrongful death case with one added layer: the loss must be measured against the outcome the patient would have…
Motor Vehicle Accident - Motor vehicle accident matters produce the full range of economic loss, from a few months of lost pay after an orthopedic injury to lifetime earnings and care losses after a catastrophic crash. The…
Traumatic Brain Injury - Traumatic brain injury matters carry some of the largest economic claims in personal injury litigation because cognitive and behavioral effects can end a career even when physical function returns…
Spinal Cord Injury - Spinal cord injury matters involve permanent loss of function that typically ends the person's prior occupation and creates lifetime care and equipment costs. The economic claim brings together lost…
Workers' Compensation - Workers' compensation matters call for economic analysis at several points: valuing the future indemnity and medical benefits at issue in a settlement, measuring the economic loss in a third-party…
Employment Discrimination - Employment discrimination matters measure the economic gap between where the employee's compensation would have been absent the adverse action and where it actually is, from the date of the action…
Wrongful Termination - Wrongful termination matters ask what the employee lost when the employment ended and how much of that loss has been or should be replaced by other work. The economist measures the gap between the…
Commercial Contract Dispute - Commercial contract disputes turn on the profits a business lost, or the costs it incurred, because the other party did not perform. The economist reconstructs what the business would have earned…
Partnership and Shareholder Dispute - Partnership and shareholder disputes turn on what an ownership interest is worth and whether the business's earnings have been fairly shared. The economist values the interest under the standard of…
Divorce and Marital Dissolution - Divorce and marital dissolution matters turn on financial questions rather than a damages claim: what income each spouse has available for support, what the business interests and other assets in…
Fraud and Embezzlement - Fraud and embezzlement matters require the economist to establish how much was taken, over what period, by what mechanism, and where it went, and then to quantify the loss to the business or the…
Product Liability - Product liability matters present the same economic loss questions as other injury and death claims, with the added feature that the injured person is often a consumer or worker whose exposure to…