Personal Injury Economic Damages Expert in Illinois

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

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

A personal injury economic claim consists of the earnings and fringe benefits the injury has taken away, the household work the person can no longer do, and the present value of the future care the record supports, each tied to the person's own records. Read the full personal injury analysis guide.

Illinois courts and expert standards

Illinois courts ask whether the methodology behind an expert opinion is generally accepted in the relevant professional community, and separately whether the economist is qualified by training and experience and applied the method to the facts of the case. Forensic economic methods for lost earnings, worklife, and present value are published and long used, so the examination usually turns on the inputs and their support in the record.

Where these cases are heard

Highest court: Illinois Supreme Court. Federal venues: N.D. Ill., C.D. Ill., S.D. Ill. Court system: illinoiscourts.gov.

Outside the civil courts, wage-loss disputes in workers' compensation matters proceed before the Illinois Workers' Compensation Commission.

Damages framework

Illinois pairs a wrongful death action for the pecuniary injuries to the spouse and next of kin, which now include grief and loss of society, with a survival action for the decedent's own claims, including earnings lost between injury and death. Recovery is barred once the plaintiff's fault exceeds half, the common-law collateral source rule applies with a post-verdict reduction procedure in medical malpractice cases, and prejudgment interest on personal injury and wrongful death awards now runs from the filing of the action.

How the analysis is built

The same four steps apply to a personal injury case venued in Illinois; the damages framework above decides which components enter the total.

  1. Establish the but-for earnings and fringe benefit base from the tax, wage, benefit, and personnel records, or from occupational data for a career still in training.
  2. Project the base over a statistically expected worklife with a stated wage growth rate and compare it with the post-injury path the record supports.
  3. Value household services from time-use data and local replacement rates, and price the future care in the life care plan item by item with medical cost growth.
  4. Discount every future stream to present value at a stated rate and show the sensitivity of the total to the contested assumptions.

Attorney guides for personal injury cases

Other case types in Illinois

Frequently asked: personal injury cases in Illinois

Which Illinois courts hear personal injury cases?

Personal Injury cases venued in Illinois are heard in the Circuit Court (General jurisdiction; 25 judicial circuits across the state, including the Circuit Court of Cook County). Final appeals run to the Illinois Supreme Court. Matters within federal jurisdiction proceed in the United States District Courts for the Northern District of Illinois, Central District of Illinois, and Southern District of Illinois.

How does Illinois's damages framework shape the economic analysis?

Illinois pairs a wrongful death action for the pecuniary injuries to the spouse and next of kin, which now include grief and loss of society, with a survival action for the decedent's own claims, including earnings lost between injury and death. Recovery is barred once the plaintiff's fault exceeds half, the common-law collateral source rule applies with a post-verdict reduction procedure in medical malpractice cases, and prejudgment interest on personal injury and wrongful death awards now runs from the filing of the action. Illinois courts ask whether the methodology behind an expert opinion is generally accepted in the relevant professional community, and separately whether the economist is qualified by training and experience and applied the method to the facts of the case. Forensic economic methods for lost earnings, worklife, and present value are published and long used, so the examination usually turns on the inputs and their support in the record.

More questions about personal injury analysis

References

Request a consultation on personal injury cases in Illinois or call (201) 343-0700. Plaintiff and defense counsel.