Wrongful Termination Economic Damages Expert in West Virginia

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

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

West Virginia courts and expert standards

West Virginia trial judges act as gatekeepers for expert testimony in civil cases and ask whether the economist is qualified, whether the method is reliable and accepted in the profession, and whether it was applied reliably to the facts. A damages report meets that inquiry by stating its assumptions and naming the data behind each one.

Where these cases are heard

Highest court: Supreme Court of Appeals of West Virginia. Federal venues: N.D.W. Va., S.D.W. Va. Court system: courtswv.gov.

Damages framework

West Virginia reduces a negligence-based award by the plaintiff's share of fault and bars recovery once that share exceeds the combined fault of the defendants. Prejudgment interest is available on past special damages and on a liquidated sum, but not on future damages, so the report separates past from future amounts as of a fixed date. Economic damages are not subject to a general statutory limit outside specific statutory claims, and the limits in medical professional liability claims reach noneconomic damages.

How the analysis is built

The same four steps apply to a wrongful termination case venued in West Virginia; 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 West Virginia

Frequently asked: wrongful termination cases in West Virginia

Which West Virginia courts hear wrongful termination cases?

Wrongful Termination cases venued in West Virginia are heard in the Circuit Court (General jurisdiction; one in each of 55 counties; all civil and criminal matters). Final appeals run to the Supreme Court of Appeals of West Virginia. Matters within federal jurisdiction proceed in the United States District Courts for the Northern District of West Virginia and Southern District of West Virginia.

How does West Virginia's damages framework shape the economic analysis?

West Virginia reduces a negligence-based award by the plaintiff's share of fault and bars recovery once that share exceeds the combined fault of the defendants. Prejudgment interest is available on past special damages and on a liquidated sum, but not on future damages, so the report separates past from future amounts as of a fixed date. Economic damages are not subject to a general statutory limit outside specific statutory claims, and the limits in medical professional liability claims reach noneconomic damages. West Virginia trial judges act as gatekeepers for expert testimony in civil cases and ask whether the economist is qualified, whether the method is reliable and accepted in the profession, and whether it was applied reliably to the facts. A damages report meets that inquiry by stating its assumptions and naming the data behind each one.

More questions about wrongful termination analysis

References

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