Product Liability Economic Damages Expert in Illinois

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

KW Economics prepares economic damages analyses for product liability 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 product liability economic claim measures lost earnings and benefits, household services, and the present value of future care, or the survivors' loss when the injury was fatal, built from the injured person's own path rather than from an occupation the product happened to involve. Read the full product liability 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 product liability case venued in Illinois; the damages framework above decides which components enter the total.

  1. Establish the but-for path from the earnings history or, for a child, student, or homemaker, from the educational path, occupational data, or the household work performed.
  2. Draw the post-injury path from actual earnings and the work-capacity opinions, and project both paths over the applicable worklife or life expectancy with growth.
  3. Value household services from time-use data and local rates, and price future care from the life care plan with category-specific cost growth.
  4. Discount every stream to present value at a stated rate and, where there are multiple claimants, apply one documented methodology to each record.

Attorney guides for product liability cases

Other case types in Illinois

Frequently asked: product liability cases in Illinois

Which Illinois courts hear product liability cases?

Product Liability 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 product liability analysis

References

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