Spinal Cord Injury Economic Damages Expert in Minnesota

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

Minnesota courts and expert standards

Minnesota courts ask whether a method is generally accepted in the relevant professional community and whether it was reliably applied in the particular case, with the witness qualified by training and experience. The published methods of forensic economics meet the first question, so the examination of a damages report usually turns on its inputs and their support in the record.

Where these cases are heard

Highest court: Minnesota Supreme Court. Federal venues: D. Minn. Court system: mncourts.gov.

Outside the civil courts, wage-loss disputes in workers' compensation matters proceed before the Minnesota Department of Labor and Industry, Workers' Compensation Division.

Damages framework

Minnesota's wrongful death action is brought by a trustee for the pecuniary loss to the surviving spouse and next of kin, a measure the courts read to include the value of the decedent's counsel, guidance, and aid, and a personal injury claim survives to the estate only when the death was caused by something other than the injury. Recovery is barred once the plaintiff's fault exceeds the defendant's, awards are reduced after verdict by collateral-source payments except where a subrogation right exists and offset by the premiums the plaintiff paid for them, and preverdict interest runs from the commencement of the action or a written settlement demand.

How the analysis is built

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

Frequently asked: spinal cord injury cases in Minnesota

Which Minnesota courts hear spinal cord injury cases?

Spinal Cord Injury cases venued in Minnesota are heard in the District Court (General jurisdiction; 10 judicial districts; all civil, criminal, family, and probate matters). Final appeals run to the Minnesota Supreme Court. Matters within federal jurisdiction proceed in the United States District Court for the District of Minnesota.

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

Minnesota's wrongful death action is brought by a trustee for the pecuniary loss to the surviving spouse and next of kin, a measure the courts read to include the value of the decedent's counsel, guidance, and aid, and a personal injury claim survives to the estate only when the death was caused by something other than the injury. Recovery is barred once the plaintiff's fault exceeds the defendant's, awards are reduced after verdict by collateral-source payments except where a subrogation right exists and offset by the premiums the plaintiff paid for them, and preverdict interest runs from the commencement of the action or a written settlement demand. Minnesota courts ask whether a method is generally accepted in the relevant professional community and whether it was reliably applied in the particular case, with the witness qualified by training and experience. The published methods of forensic economics meet the first question, so the examination of a damages report usually turns on its inputs and their support in the record.

More questions about spinal cord injury analysis

References

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