Product Liability Economic Damages Expert in North Carolina

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

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

North Carolina courts and expert standards

North Carolina courts apply a reliability inquiry to expert testimony: the trial judge asks whether the economist is qualified, whether the opinion rests on sufficient facts and reliable principles and methods, and whether those methods were reliably applied to the case. A damages report is written to that standard, with each input tied to the record and each data series named.

Where these cases are heard

Highest court: Supreme Court of North Carolina. Federal venues: E.D.N.C., M.D.N.C., W.D.N.C. Court system: nccourts.gov.

Outside the civil courts, wage-loss disputes in workers' compensation matters proceed before the North Carolina Industrial Commission.

Damages framework

North Carolina's wrongful death recovery covers the decedent's pre-death medical expenses and pain and suffering together with the present monetary value of the decedent to the beneficiaries, measured by net income, services, protection, care, society, and companionship, in a single action. Contributory negligence remains a complete bar, medical expenses are proved by the amounts actually paid or required to satisfy the bills rather than the amounts billed, and prejudgment interest on compensatory damages runs from the date the action was commenced.

How the analysis is built

The same four steps apply to a product liability case venued in North Carolina; 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 North Carolina

Frequently asked: product liability cases in North Carolina

Which North Carolina courts hear product liability cases?

Product Liability cases venued in North Carolina are heard in the Superior Court (General jurisdiction; larger civil cases, felonies). Final appeals run to the Supreme Court of North Carolina. Matters within federal jurisdiction proceed in the United States District Courts for the Eastern District of North Carolina, Middle District of North Carolina, and Western District of North Carolina.

How does North Carolina's damages framework shape the economic analysis?

North Carolina's wrongful death recovery covers the decedent's pre-death medical expenses and pain and suffering together with the present monetary value of the decedent to the beneficiaries, measured by net income, services, protection, care, society, and companionship, in a single action. Contributory negligence remains a complete bar, medical expenses are proved by the amounts actually paid or required to satisfy the bills rather than the amounts billed, and prejudgment interest on compensatory damages runs from the date the action was commenced. North Carolina courts apply a reliability inquiry to expert testimony: the trial judge asks whether the economist is qualified, whether the opinion rests on sufficient facts and reliable principles and methods, and whether those methods were reliably applied to the case. A damages report is written to that standard, with each input tied to the record and each data series named.

More questions about product liability analysis

References

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