KW Economics prepares rebuttal analysis for product liability cases venued in Colorado: what the loss claim consists of, the records that drive it, and a present value built to Colorado damages rules and venues. Plaintiff and defense.
Product liability damages reports often concern claimants without a conventional earnings history, and the review tests how the opposing report built the earnings base for a child, student, homemaker, or retiree, whether the household services and care components rest on the record or on assumptions, and, in a mass tort, whether one method was applied consistently across claimants or adjusted case by case. The economist checks the educational and occupational assumptions, the time-use and replacement wage sources, the life care plan pricing and growth rates, and the discounting, and quantifies the effect of each correction.
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 exposure tracks the injury: burns, amputations, and neurological injuries produce large future earnings and care losses; less severe injuries produce a bounded past loss and limited future treatment. Because product cases often involve children, homemakers, and retirees, the household services and care components frequently outweigh the earnings loss, and the analysis must be built from those components rather than from wage records that do not exist. For fatal injuries the exposure follows the wrongful death structure with the personal consumption deduction as the key assumption.
Colorado applies a liberal but reliability-based inquiry: the trial court asks whether the economist's principles are reasonably reliable, whether the witness is qualified to apply them, and whether the testimony will help the jury, without requiring general acceptance. A damages report meets that inquiry by showing the published basis for each assumption and its application to the record.
Highest court: Colorado Supreme Court. Court system: courts.state.co.us.
Federal venues: District of Colorado.
Outside the civil courts, wage-loss disputes in workers' compensation matters proceed before the Colorado Division of Workers' Compensation.
Colorado's wrongful death action is measured by the net pecuniary loss to the heirs plus a limited allowance for grief, while the survival action for the estate excludes the decedent's pain and suffering. Awards are reduced after verdict by collateral-source payments other than benefits the plaintiff paid for by contract, recovery is barred once the plaintiff's fault reaches half, and prejudgment interest on personal injury awards runs from the date the claim accrued.
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.
Product liability damages reports often concern claimants without a conventional earnings history, and the review tests how the opposing report built the earnings base for a child, student, homemaker, or retiree, whether the household services and care components rest on the record or on assumptions, and, in a mass tort, whether one method was applied consistently across claimants or adjusted case by case. The economist checks the educational and occupational assumptions, the time-use and replacement wage sources, the life care plan pricing and growth rates, and the discounting, and quantifies the effect of each correction.
Colorado applies a liberal but reliability-based inquiry: the trial court asks whether the economist's principles are reasonably reliable, whether the witness is qualified to apply them, and whether the testimony will help the jury, without requiring general acceptance. A damages report meets that inquiry by showing the published basis for each assumption and its application to the record. Product Liability cases venued in Colorado are heard in the District Court (General jurisdiction; larger civil cases, felonies, domestic relations, probate), with final appeals to the Colorado Supreme Court. Matters within federal jurisdiction proceed in the District of Colorado.
Colorado's wrongful death action is measured by the net pecuniary loss to the heirs plus a limited allowance for grief, while the survival action for the estate excludes the decedent's pain and suffering. Awards are reduced after verdict by collateral-source payments other than benefits the plaintiff paid for by contract, recovery is barred once the plaintiff's fault reaches half, and prejudgment interest on personal injury awards runs from the date the claim accrued. 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 Colorado rules to a documented figure.
Request a consultation on Rebuttal or call (201) 343-0700. Plaintiff and defense counsel.