Traumatic Brain Injury Economic Damages Expert in Puerto Rico

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

Puerto Rico courts and expert standards

Puerto Rico's rules of evidence follow the federal model for expert testimony: the court asks whether the economist is qualified, whether the opinion rests on sufficient facts and reliable principles and methods, and whether those methods were reliably applied to the case. A damages report meets that inquiry by naming its sources and tying each assumption to the record, in the language the court requires.

Where these cases are heard

Highest court: Supreme Court of Puerto Rico (Tribunal Supremo de Puerto Rico). Federal venues: D.P.R.

Outside the civil courts, wage-loss disputes in workers' compensation matters proceed before the Puerto Rico State Insurance Fund Corporation (CFSE).

Damages framework

Puerto Rico's civil-law tort system gives each surviving relative a claim of their own for the death of a family member, covering their own economic loss and suffering, alongside the estate's inherited claim for the decedent's pre-death damages. Comparative fault reduces recovery in proportion, private-party damages are not subject to a general statutory limit, and interest can be imposed on the award when a party is found to have litigated with obstinacy.

How the analysis is built

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

Frequently asked: traumatic brain injury cases in Puerto Rico

Which Puerto Rico courts hear traumatic brain injury cases?

Traumatic Brain Injury cases venued in Puerto Rico are heard in the Court of First Instance (Tribunal de Primera Instancia) (General jurisdiction trial court of the Commonwealth, organized into Superior and Municipal divisions; hears civil and criminal matters). Final appeals run to the Supreme Court of Puerto Rico (Tribunal Supremo de Puerto Rico). Matters within federal jurisdiction proceed in the United States District Court for the District of Puerto Rico.

How does Puerto Rico's damages framework shape the economic analysis?

Puerto Rico's civil-law tort system gives each surviving relative a claim of their own for the death of a family member, covering their own economic loss and suffering, alongside the estate's inherited claim for the decedent's pre-death damages. Comparative fault reduces recovery in proportion, private-party damages are not subject to a general statutory limit, and interest can be imposed on the award when a party is found to have litigated with obstinacy. Puerto Rico's rules of evidence follow the federal model for expert testimony: the court asks whether the economist is qualified, whether the opinion rests on sufficient facts and reliable principles and methods, and whether those methods were reliably applied to the case. A damages report meets that inquiry by naming its sources and tying each assumption to the record, in the language the court requires.

More questions about traumatic brain injury analysis

References

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