Economic Damages Expert for the District of Puerto Rico

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

KW Economics prepares economic damages reports and testimony for civil matters in the United States District Court for the District of Puerto Rico (D.P.R.), a federal trial court in the First Circuit covering Puerto Rico. The economist's method does not change with the venue; what changes is the form and timing of the written disclosure, and the report is built to meet it.

How the report is prepared for federal practice

A retained economist's written report in federal court sets out every opinion and the basis for it, lists the records and data considered, attaches the exhibits that support the figures, and states the economist's qualifications, publications, prior testimony, and compensation. The court decides reliability challenges before trial, so the report states its earnings base, growth rate, worklife horizon, and discount rate with sources so that each input can be examined on the papers.

Expert disclosures are exchanged on the schedule the court's scheduling order sets, with rebuttal reports on a shorter clock, so the retention date decides whether the economist has the tax returns, pay records, and the other experts' opinions in hand before the report is due. A deposition of the economist follows the report and tests it line by line, which is why the report is written to stand on its own.

Puerto Rico damages framework in diversity matters

In a diversity matter the court applies Puerto Rico substantive law to the measure of damages, while the admissibility of the economist's testimony is decided under the federal rules of evidence.

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.

Work most often retained in federal matters

Puerto Rico case types

Frequently asked: economic damages in the D.P.R.

What does an economic damages report for the District of Puerto Rico contain?

A complete statement of every opinion and the basis for it, the facts and data considered, the exhibits that support the figures, the economist's qualifications and publications, a list of prior testimony, and the compensation arrangement, in the form federal practice requires of a retained expert. KW Economics writes every report to that standard whatever the venue, so the same document serves in the D.P.R. and in the Puerto Rico courts.

Does KW Economics accept engagements in the District of Puerto Rico?

Yes. Engagements are accepted in every federal district, including the District of Puerto Rico. The economist prepares the report to the disclosure deadline in the scheduling order, sits for deposition, and testifies at trial where the case requires it, for plaintiff or defense counsel.

How does a report for the D.P.R. differ from one for the Puerto Rico courts?

The economic method is the same. Federal practice fixes the content of the written disclosure and the timing of the expert exchange, and reliability challenges are decided by the court before trial, so the report states every assumption and its source in a form that can be examined on the papers. In a diversity matter the measure of damages still follows Puerto Rico law.

References

Request a consultation on matters in the D.P.R. or call (201) 343-0700. Plaintiff and defense counsel.