Wrongful Termination Economic Damages Expert in Indiana

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

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

A wrongful termination economic claim measures what the employee lost when the employment ended, as back pay, front pay, and lost benefits, and how much of that loss has been or should be replaced by other work. Read the full wrongful termination analysis guide.

Indiana courts and expert standards

Indiana courts require that the principles behind expert scientific testimony be reliable and treat the federal reliability factors as helpful rather than controlling; for economic damages testimony the inquiry is whether the witness is qualified and whether the method and its inputs rest on a sound basis. A report that names its sources and ties each assumption to the record meets that standard.

Where these cases are heard

Highest court: Indiana Supreme Court. Federal venues: N.D. Ind., S.D. Ind. Court system: in.gov.

Damages framework

Indiana reduces a negligence-based award by the plaintiff's share of fault and bars recovery once that share exceeds half. Interest before judgment is available on a contract claim when the amount was ascertainable by simple computation, and in tort it turns on a statutory settlement-offer procedure. Economic damages are not subject to a general statutory limit outside specific statutory claims, and the report separates the components that were ascertainable when they accrued from those that had to be projected.

How the analysis is built

The same four steps apply to a wrongful termination case venued in Indiana; the damages framework above decides which components enter the total.

  1. Build the but-for compensation path from the pay history and the employer's pay and promotion practices, including the benefit accruals that would have continued.
  2. Compare it with the replacement earnings actually received, or with a reasonable job-search duration and replacement wage level drawn from local occupational data.
  3. Calculate pension and deferred compensation losses from the plan terms and equity losses from the award schedule.
  4. Discount the future components to present value at a stated rate and present back pay, front pay, and benefits separately.

Attorney guides for wrongful termination cases

Other case types in Indiana

Frequently asked: wrongful termination cases in Indiana

Which Indiana courts hear wrongful termination cases?

Wrongful Termination cases venued in Indiana are heard in the Circuit Court (General jurisdiction; oldest courts in each county) and the Superior Court (General jurisdiction; exists in most counties alongside circuit courts). Final appeals run to the Indiana Supreme Court. Matters within federal jurisdiction proceed in the United States District Courts for the Northern District of Indiana and Southern District of Indiana.

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

Indiana reduces a negligence-based award by the plaintiff's share of fault and bars recovery once that share exceeds half. Interest before judgment is available on a contract claim when the amount was ascertainable by simple computation, and in tort it turns on a statutory settlement-offer procedure. Economic damages are not subject to a general statutory limit outside specific statutory claims, and the report separates the components that were ascertainable when they accrued from those that had to be projected. Indiana courts require that the principles behind expert scientific testimony be reliable and treat the federal reliability factors as helpful rather than controlling; for economic damages testimony the inquiry is whether the witness is qualified and whether the method and its inputs rest on a sound basis. A report that names its sources and ties each assumption to the record meets that standard.

More questions about wrongful termination analysis

References

Request a consultation on wrongful termination cases in Indiana or call (201) 343-0700. Plaintiff and defense counsel.