KW Economics prepares rebuttal analysis for personal injury cases venued in Wisconsin: what the loss claim consists of, the records that drive it, and a present value built to Wisconsin damages rules and venues. Plaintiff and defense.
In a personal injury matter the opposing economic report is tested on the inputs that move a lost earnings and damages figure: the earnings base and whether it matches the tax and wage records, the worklife expectancy and its source, the wage growth and discount rates and whether they were drawn on a consistent basis, the treatment of fringe benefits and household services, and whether the post-injury path reflects the work-capacity opinions in the record or an assumption. The economist ranks each finding by its effect on the total and, where counsel asks, recalculates the opposing model under corrected inputs to show what the number becomes.
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.
Which component dominates depends on the person's age, occupation, and residual capacity. For a young worker who can no longer perform a skilled trade, future earnings loss over a long worklife usually outweighs everything else. For a person who returns to work at reduced hours or lower pay, the loss is the gap between the but-for path and the post-injury path, and the size of that gap is the contested question. Where a life care plan exists, its present value is often the largest single figure in the report, and household services losses can be substantial when the injured person did most of the home's unpaid work.
Wisconsin courts screen expert testimony for reliability: the judge 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. An economic damages report is written to that inquiry, with each rate and table traced to a published source.
Highest court: Wisconsin Supreme Court. Court system: wicourts.gov.
Federal venues: Eastern District of Wisconsin, Western District of Wisconsin.
Outside the civil courts, wage-loss disputes in workers' compensation matters proceed before the Wisconsin Department of Workforce Development, Worker's Compensation Division.
Wisconsin pairs a wrongful death action for the beneficiaries' pecuniary injury and a limited allowance for loss of society and companionship with a survival action for the decedent's own claims. Recovery is barred once the plaintiff's fault exceeds the defendant's, the common-law collateral source rule applies outside medical malpractice where evidence of collateral payments is admissible, statutory limits apply to noneconomic damages in medical malpractice claims, and interest on a verdict that beats a rejected statutory offer of settlement runs from the date of the offer.
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.
In a personal injury matter the opposing economic report is tested on the inputs that move a lost earnings and damages figure: the earnings base and whether it matches the tax and wage records, the worklife expectancy and its source, the wage growth and discount rates and whether they were drawn on a consistent basis, the treatment of fringe benefits and household services, and whether the post-injury path reflects the work-capacity opinions in the record or an assumption. The economist ranks each finding by its effect on the total and, where counsel asks, recalculates the opposing model under corrected inputs to show what the number becomes.
Wisconsin courts screen expert testimony for reliability: the judge 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. An economic damages report is written to that inquiry, with each rate and table traced to a published source. Personal Injury cases venued in Wisconsin are heard in the Circuit Court (General jurisdiction; one in each of 72 counties; all civil, criminal, family, and probate matters), with final appeals to the Wisconsin Supreme Court. Matters within federal jurisdiction proceed in the Eastern District of Wisconsin and Western District of Wisconsin.
Wisconsin pairs a wrongful death action for the beneficiaries' pecuniary injury and a limited allowance for loss of society and companionship with a survival action for the decedent's own claims. Recovery is barred once the plaintiff's fault exceeds the defendant's, the common-law collateral source rule applies outside medical malpractice where evidence of collateral payments is admissible, statutory limits apply to noneconomic damages in medical malpractice claims, and interest on a verdict that beats a rejected statutory offer of settlement runs from the date of the offer. The report presents past and future amounts separately, states every rate and table with its source, and shows the result under the alternatives the other side is likely to argue, so counsel can apply the Wisconsin rules to a documented figure.
Request a consultation on Rebuttal or call (201) 343-0700. Plaintiff and defense counsel.