Traumatic Brain Injury Economic Damages Expert in Maine

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

Maine courts and expert standards

Maine courts ask whether the economist is qualified by training and experience, whether the opinion rests on a reliable foundation, and whether it will help the fact finder, under the state's own reliability inquiry. A damages report meets that inquiry by showing the published basis for each assumption and its fit with the record.

Where these cases are heard

Highest court: Maine Supreme Judicial Court. Federal venues: D. Me. Court system: courts.maine.gov.

Outside the civil courts, wage-loss disputes in workers' compensation matters proceed before the Maine Workers' Compensation Board.

Damages framework

Maine's wrongful death action is brought by the personal representative for the beneficiaries' pecuniary injuries, with separate and limited allowances for loss of comfort, society, and companionship, alongside a survival action for the estate. Recovery is barred once the plaintiff's fault equals or exceeds the defendants', the common-law collateral source rule applies, and prejudgment interest runs from the filing of the notice of claim or complaint.

How the analysis is built

The same four steps apply to a traumatic brain injury case venued in Maine; 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 Maine

Frequently asked: traumatic brain injury cases in Maine

Which Maine courts hear traumatic brain injury cases?

Traumatic Brain Injury cases venued in Maine are heard in the Superior Court (General jurisdiction; civil cases, jury trials in major criminal cases). Final appeals run to the Maine Supreme Judicial Court. Matters within federal jurisdiction proceed in the United States District Court for the District of Maine.

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

Maine's wrongful death action is brought by the personal representative for the beneficiaries' pecuniary injuries, with separate and limited allowances for loss of comfort, society, and companionship, alongside a survival action for the estate. Recovery is barred once the plaintiff's fault equals or exceeds the defendants', the common-law collateral source rule applies, and prejudgment interest runs from the filing of the notice of claim or complaint. Maine courts ask whether the economist is qualified by training and experience, whether the opinion rests on a reliable foundation, and whether it will help the fact finder, under the state's own reliability inquiry. A damages report meets that inquiry by showing the published basis for each assumption and its fit with the record.

More questions about traumatic brain injury analysis

References

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