Spinal Cord 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 spinal cord 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 spinal cord injury economic claim brings together lost earnings and benefits, the household work the person can no longer do, and the present value of a lifetime care plan dominated by attendant care and equipment replacement cycles. Read the full spinal cord 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 spinal cord injury case venued in Illinois; the damages framework above decides which components enter the total.

  1. Establish the but-for earnings path from the person's history and occupational data, and project it over a worklife expectancy with stated wage growth.
  2. Compare that path with the post-injury path the work-capacity opinions support, whether no earnings, reduced earnings, or earnings after retraining.
  3. Value fringe benefits and household services, and price the care plan item by item with the cost growth rate and replacement interval appropriate to each category.
  4. Discount every future stream to present value at a stated rate and present home-based and facility-based care scenarios when the plan offers both.

Attorney guides for spinal cord injury cases

Other case types in Illinois

Frequently asked: spinal cord injury cases in Illinois

Which Illinois courts hear spinal cord injury cases?

Spinal Cord 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 spinal cord injury analysis

References

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