Spinal Cord Injury Economic Damages Expert in Michigan

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 Michigan: the components the loss claim consists of, the records that drive them, and a present value built to Michigan'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.

Michigan courts and expert standards

Michigan courts require the trial judge to act as gatekeeper for expert testimony, asking whether the economist is qualified, whether the opinion rests on sufficient facts and reliable principles and methods, and whether those methods were applied reliably to the case. A damages report meets that inquiry by naming the published source behind every assumption and tying each to the record.

Where these cases are heard

Highest court: Michigan Supreme Court. Federal venues: E.D. Mich., W.D. Mich. Court system: courts.michigan.gov.

Outside the civil courts, wage-loss disputes in workers' compensation matters proceed before the Michigan Workers' Disability Compensation Agency.

Damages framework

Michigan's wrongful death act gathers the survival and death claims into a single action: the estate recovers the decedent's conscious pain and suffering and medical and funeral expenses, and the surviving family recovers lost financial support, services, society, and companionship. Awards are reduced after verdict by collateral-source payments other than those subject to a lien, a plaintiff whose fault exceeds half loses noneconomic damages while economic damages are only reduced, the court reduces future damages to present value under a statutory formula, and interest on the judgment runs from the filing of the complaint.

How the analysis is built

The same four steps apply to a spinal cord injury case venued in Michigan; 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 Michigan

Frequently asked: spinal cord injury cases in Michigan

Which Michigan courts hear spinal cord injury cases?

Spinal Cord Injury cases venued in Michigan are heard in the Circuit Court (General jurisdiction; larger civil cases, felonies, domestic relations). Final appeals run to the Michigan Supreme Court. Matters within federal jurisdiction proceed in the United States District Courts for the Eastern District of Michigan and Western District of Michigan.

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

Michigan's wrongful death act gathers the survival and death claims into a single action: the estate recovers the decedent's conscious pain and suffering and medical and funeral expenses, and the surviving family recovers lost financial support, services, society, and companionship. Awards are reduced after verdict by collateral-source payments other than those subject to a lien, a plaintiff whose fault exceeds half loses noneconomic damages while economic damages are only reduced, the court reduces future damages to present value under a statutory formula, and interest on the judgment runs from the filing of the complaint. Michigan courts require the trial judge to act as gatekeeper for expert testimony, asking whether the economist is qualified, whether the opinion rests on sufficient facts and reliable principles and methods, and whether those methods were applied reliably to the case. A damages report meets that inquiry by naming the published source behind every assumption and tying each to the record.

More questions about spinal cord injury analysis

References

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