Product Liability Economic Damages Expert in New Jersey

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

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

New Jersey courts and expert standards

New Jersey's trial judges act as gatekeepers under the state's own reliability inquiry, which weighs whether the method has been tested and accepted in the profession and whether it was reliably applied to the record, without adopting the federal standard outright; the witness is qualified by training and experience. An economic damages report meets that inquiry by tying each input to the record and naming the published source behind every rate and table.

Where these cases are heard

Highest court: Supreme Court of New Jersey. Federal venues: D.N.J. Court system: njcourts.gov.

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

Damages framework

New Jersey pairs a wrongful death action for the survivors' pecuniary loss, which the courts read to include the value of lost household services, advice, and guidance, with a survival action for the decedent's pain and suffering and the earnings lost before death. Recovery is barred once the plaintiff's fault exceeds the combined fault of the defendants, most collateral-source benefits other than workers' compensation and life insurance are deducted from the award after verdict, and prejudgment interest on tort awards is provided by court rule, running from a fixed point after the complaint.

How the analysis is built

The same four steps apply to a product liability case venued in New Jersey; 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.

Experts serving New Jersey

Attorney guides for product liability cases

Other case types in New Jersey

Frequently asked: product liability cases in New Jersey

Which New Jersey courts hear product liability cases?

Product Liability cases venued in New Jersey are heard in the Superior Court, Law Division (General civil and criminal matters; jury trials). Final appeals run to the Supreme Court of New Jersey. Matters within federal jurisdiction proceed in the United States District Court for the District of New Jersey.

How does New Jersey's damages framework shape the economic analysis?

New Jersey pairs a wrongful death action for the survivors' pecuniary loss, which the courts read to include the value of lost household services, advice, and guidance, with a survival action for the decedent's pain and suffering and the earnings lost before death. Recovery is barred once the plaintiff's fault exceeds the combined fault of the defendants, most collateral-source benefits other than workers' compensation and life insurance are deducted from the award after verdict, and prejudgment interest on tort awards is provided by court rule, running from a fixed point after the complaint. New Jersey's trial judges act as gatekeepers under the state's own reliability inquiry, which weighs whether the method has been tested and accepted in the profession and whether it was reliably applied to the record, without adopting the federal standard outright; the witness is qualified by training and experience. An economic damages report meets that inquiry by tying each input to the record and naming the published source behind every rate and table.

More questions about product liability analysis

References

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