Rebuttal analysis applied to motor vehicle accident litigation: methodology, deliverables, and case-specific considerations.
Motor vehicle accident reports range from a short past-loss calculation to a lifetime projection, and the review scales with them. The economist checks the period out of work against the employer's records, the return-to-work date and post-injury earnings against the pay records and the work-capacity opinions, the fringe benefit rate against the plan documents, the household services hours against time-use data, and, where a life care plan is priced, the growth rates and life expectancy applied. Each finding is ranked by its effect so counsel can concentrate cross-examination where the number actually moves.
Critique of an opposing economic damages, valuation, or forensic accounting report for plaintiff or defense counsel. The review tests the assumptions, data sources, discount rates, worklife and life expectancy inputs, growth rates, mitigation treatment, and arithmetic behind the opposing number, identifies the errors that matter, and quantifies how the conclusion changes when they are corrected. The result supports cross-examination, a rebuttal report, or a motion directed at the reliability of the opinion.
The claim is made up of past lost earnings while the person was out of work, future lost earnings or reduced earning capacity where the injury limits the work the person can return to, lost fringe benefits, the replacement cost of household services during recovery and afterward, and the present value of future care costs when a life care plan or treating recommendations exist. For a fatal crash the analysis becomes a wrongful death loss to the survivors. The drivers are the earnings and benefit history, the employer's records on the period out of work and any accommodation, and the medical and work-capacity opinions in the record.
We issue a rebuttal report where one is disclosed and provide deposition and trial testimony, cross-examination outlines, and support for motions directed at the opinion.
Whether the report accounts for the actual post-injury earnings, whether the assumed duration of any ongoing gap is supported, and whether lost advancement or benefits are claimed on evidence or on assumption. The review shows the loss with the actual earnings credited.
Yes. A review of a single lost earnings report with a memo of findings is the narrowest rebuttal engagement, and it can be turned around inside a settlement timetable with the findings ranked by effect.
Request a consultation on Rebuttal or call (201) 343-0700. Plaintiff and defense counsel.