Personal Injury Economic Damages Expert in Oregon

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

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

Oregon courts and expert standards

Oregon courts apply a multi-factor reliability inquiry of their own to expert testimony, asking whether the method is accepted in the profession, whether it has been tested and reviewed, and whether the economist applied it to the facts of the case, with qualification resting on training and experience. A damages report meets that inquiry by showing the published basis for each assumption and its fit with the record.

Where these cases are heard

Highest court: Oregon Supreme Court. Federal venues: D. Or. Court system: courts.oregon.gov.

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

Damages framework

Oregon's wrongful death statute gathers the estate's and the beneficiaries' claims into one action brought by the personal representative: the decedent's pre-death losses and suffering, medical and funeral expenses, the beneficiaries' pecuniary loss, and their loss of society and companionship. Recovery is barred once the plaintiff's fault exceeds the combined fault of the defendants, the court may reduce an award after verdict by collateral-source payments other than insurance the plaintiff purchased, federal benefits, and sources with a reimbursement right, and prejudgment interest is generally not available on unliquidated injury damages.

How the analysis is built

The same four steps apply to a personal injury case venued in Oregon; 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 Oregon

Frequently asked: personal injury cases in Oregon

Which Oregon courts hear personal injury cases?

Personal Injury cases venued in Oregon are heard in the Circuit Court (General jurisdiction; 27 judicial districts; civil, criminal, family, and probate matters). Final appeals run to the Oregon Supreme Court. Matters within federal jurisdiction proceed in the United States District Court for the District of Oregon.

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

Oregon's wrongful death statute gathers the estate's and the beneficiaries' claims into one action brought by the personal representative: the decedent's pre-death losses and suffering, medical and funeral expenses, the beneficiaries' pecuniary loss, and their loss of society and companionship. Recovery is barred once the plaintiff's fault exceeds the combined fault of the defendants, the court may reduce an award after verdict by collateral-source payments other than insurance the plaintiff purchased, federal benefits, and sources with a reimbursement right, and prejudgment interest is generally not available on unliquidated injury damages. Oregon courts apply a multi-factor reliability inquiry of their own to expert testimony, asking whether the method is accepted in the profession, whether it has been tested and reviewed, and whether the economist applied it to the facts of the case, with qualification resting on training and experience. A damages report meets that inquiry by showing the published basis for each assumption and its fit with the record.

More questions about personal injury analysis

References

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