Motor Vehicle Accident Economic Damages Expert in West Virginia

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

KW Economics prepares economic damages analyses for motor vehicle accident cases venued in West Virginia: the components the loss claim consists of, the records that drive them, and a present value built to West Virginia's damages rules and venues. Plaintiff and defense.

A motor vehicle accident economic claim ranges from a documented period of lost pay to lifetime earnings, household services, and care losses after a catastrophic crash, and the analysis is scaled to the injury the record describes. Read the full motor vehicle accident analysis guide.

West Virginia courts and expert standards

West Virginia trial judges act as gatekeepers for expert testimony in civil cases and ask whether the economist is qualified, whether the method is reliable and accepted in the profession, and whether it was applied reliably to the facts. A damages report meets that inquiry by stating its assumptions and naming the data behind each one.

Where these cases are heard

Highest court: Supreme Court of Appeals of West Virginia. Federal venues: N.D.W. Va., S.D.W. Va. Court system: courtswv.gov.

Outside the civil courts, wage-loss disputes in workers' compensation matters proceed before the West Virginia Offices of the Insurance Commissioner.

Damages framework

West Virginia's wrongful death action is brought by the personal representative and covers the survivors' sorrow and mental anguish, the decedent's expected income and services, and medical and funeral expenses, with the decedent's own pre-death claims carried in the same recovery. Recovery is barred once the plaintiff's fault exceeds the combined fault of the defendants, statutory limits apply to noneconomic damages in medical professional liability claims where collateral-source payments also reduce the award, and prejudgment interest is available on past special damages such as medical expenses and lost wages.

How the analysis is built

The same four steps apply to a motor vehicle accident case venued in West Virginia; the damages framework above decides which components enter the total.

  1. Document the earnings history, the date the person left work, and any return to work at full or reduced capacity.
  2. Project the but-for earnings over a worklife expectancy with a stated wage growth rate and compare it with the post-injury path.
  3. Value fringe benefits from plan documents or published employer cost data, household services from time-use data, and future care from the life care plan.
  4. Discount each stream to present value at a stated rate and present the alternative scenarios where the return-to-work date or capacity is disputed.

Attorney guides for motor vehicle accident cases

Other case types in West Virginia

Frequently asked: motor vehicle accident cases in West Virginia

Which West Virginia courts hear motor vehicle accident cases?

Motor Vehicle Accident cases venued in West Virginia are heard in the Circuit Court (General jurisdiction; one in each of 55 counties; all civil and criminal matters). Final appeals run to the Supreme Court of Appeals of West Virginia. Matters within federal jurisdiction proceed in the United States District Courts for the Northern District of West Virginia and Southern District of West Virginia.

How does West Virginia's damages framework shape the economic analysis?

West Virginia's wrongful death action is brought by the personal representative and covers the survivors' sorrow and mental anguish, the decedent's expected income and services, and medical and funeral expenses, with the decedent's own pre-death claims carried in the same recovery. Recovery is barred once the plaintiff's fault exceeds the combined fault of the defendants, statutory limits apply to noneconomic damages in medical professional liability claims where collateral-source payments also reduce the award, and prejudgment interest is available on past special damages such as medical expenses and lost wages. West Virginia trial judges act as gatekeepers for expert testimony in civil cases and ask whether the economist is qualified, whether the method is reliable and accepted in the profession, and whether it was applied reliably to the facts. A damages report meets that inquiry by stating its assumptions and naming the data behind each one.

More questions about motor vehicle accident analysis

References

Request a consultation on motor vehicle accident cases in West Virginia or call (201) 343-0700. Plaintiff and defense counsel.