Traumatic Brain Injury Economic Damages Expert in Louisiana

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

KW Economics prepares economic damages analyses for traumatic brain injury cases venued in Louisiana: the components the loss claim consists of, the records that drive them, and a present value built to Louisiana's damages rules and venues. Plaintiff and defense.

A traumatic brain injury economic claim measures the earnings, benefits, and household contributions the injury has taken away and reduces the care plan to present value, with the supervision hours and the residual work capacity stated so they can be tested. Read the full traumatic brain injury analysis guide.

Louisiana courts and expert standards

Louisiana courts ask the trial judge to act as gatekeeper for expert testimony, examining whether the economist is qualified, whether the method is reliable and accepted in the profession, and whether it was applied reliably to the facts of the case. An economic damages report answers those questions by tying each input to the record and citing its published sources.

Where these cases are heard

Highest court: Louisiana Supreme Court. Federal venues: E.D. La., M.D. La., W.D. La. Court system: lasc.org.

Outside the civil courts, wage-loss disputes in workers' compensation matters proceed before the Louisiana Office of Workers' Compensation Administration.

Damages framework

Louisiana's civil code provides a survival action for the decedent's own damages and a separate wrongful death action for the designated beneficiaries' losses, both measured under a pure comparative fault system. The collateral source rule applies with exceptions the courts have carved out for amounts written off by providers, and judicial interest runs on tort awards from the date of judicial demand.

How the analysis is built

The same four steps apply to a traumatic brain injury case venued in Louisiana; the damages framework above decides which components enter the total.

  1. Establish the but-for earnings path from the person's history or, for a young person, from occupational data for the path they were on.
  2. Draw the post-injury path from actual earnings and the work-capacity opinions in the record, and measure the earnings gap over the remaining worklife.
  3. Value household services and family supervision from time-use data and local rates, and price the care plan item by item with medical cost growth.
  4. Discount every future stream to present value at a stated rate and show the total under each supervision and work-capacity scenario.

Attorney guides for traumatic brain injury cases

Other case types in Louisiana

Frequently asked: traumatic brain injury cases in Louisiana

Which Louisiana courts hear traumatic brain injury cases?

Traumatic Brain Injury cases venued in Louisiana are heard in the District Court (General jurisdiction; civil and criminal cases at the parish level). Final appeals run to the Louisiana Supreme Court. Matters within federal jurisdiction proceed in the United States District Courts for the Eastern District of Louisiana, Middle District of Louisiana, and Western District of Louisiana.

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

Louisiana's civil code provides a survival action for the decedent's own damages and a separate wrongful death action for the designated beneficiaries' losses, both measured under a pure comparative fault system. The collateral source rule applies with exceptions the courts have carved out for amounts written off by providers, and judicial interest runs on tort awards from the date of judicial demand. Louisiana courts ask the trial judge to act as gatekeeper for expert testimony, examining whether the economist is qualified, whether the method is reliable and accepted in the profession, and whether it was applied reliably to the facts of the case. An economic damages report answers those questions by tying each input to the record and citing its published sources.

More questions about traumatic brain injury analysis

References

Request a consultation on traumatic brain injury cases in Louisiana or call (201) 343-0700. Plaintiff and defense counsel.