KW Economics prepares household services analysis for traumatic brain injury cases venued in New Mexico: what the loss claim consists of, the records that drive it, and a present value built to New Mexico damages rules and venues. Plaintiff and defense.
After a brain injury the household services loss often extends beyond the physical tasks to the management of the household itself: bill paying, scheduling, supervising children, and the planning that family members now perform. The economist measures the hours lost by category from the household's account and time-use data, distinguishes the tasks the person can no longer do from those they can do with supervision, and prices each category at the local replacement wage. Where the life care plan also carries attendant care or supervision hours, the valuation reconciles the two so the same hours are not claimed twice.
Replacement-cost valuation of the household production an injured or deceased person can no longer provide: meal preparation, cleaning, home and vehicle maintenance, shopping, child care, and care of other household members. The hours are drawn from national time-use data adjusted to the person's household composition and pre-injury role, and each category is priced at the local wage for the occupation that would replace it, then projected and discounted over the period of loss.
Two components usually dominate: future lost earnings across a long worklife for a young person, and the present value of attendant care and supervision when the plan calls for daily hours of paid help. Because the level of supervision and the person's residual work capacity are both matters of expert opinion, the report's total is highly sensitive to those inputs, and the life expectancy used for the care stream is a second source of dispute. Mild injury with persistent symptoms presents a narrower claim built on reduced hours, lost advancement, and periodic treatment.
New Mexico courts ask the trial judge to act as gatekeeper for expert testimony, examining whether the economist is qualified, whether the method is reliable and accepted in the profession, and whether it was applied reliably to the facts of the case. A damages report answers those questions by stating its assumptions and citing its sources.
Highest court: New Mexico Supreme Court. Court system: nmcourts.gov.
Federal venues: District of New Mexico.
Outside the civil courts, wage-loss disputes in workers' compensation matters proceed before the New Mexico Workers' Compensation Administration.
New Mexico measures wrongful death by the worth of the decedent's life from the decedent's own standpoint, a recovery that belongs to the estate and includes lost earnings, the value of the decedent's life apart from earnings, and the decedent's own pre-death damages, with loss of consortium brought separately by close family. Pure comparative fault reduces the award in proportion, the common-law collateral source rule applies, and prejudgment interest is discretionary and weighs each party's settlement conduct.
We issue the final report and provide deposition and trial testimony and rebuttal of opposing household services opinions.
After a brain injury the household services loss often extends beyond the physical tasks to the management of the household itself: bill paying, scheduling, supervising children, and the planning that family members now perform. The economist measures the hours lost by category from the household's account and time-use data, distinguishes the tasks the person can no longer do from those they can do with supervision, and prices each category at the local replacement wage. Where the life care plan also carries attendant care or supervision hours, the valuation reconciles the two so the same hours are not claimed twice.
New Mexico courts ask the trial judge to act as gatekeeper for expert testimony, examining whether the economist is qualified, whether the method is reliable and accepted in the profession, and whether it was applied reliably to the facts of the case. A damages report answers those questions by stating its assumptions and citing its sources. Traumatic Brain Injury cases venued in New Mexico are heard in the District Court (General jurisdiction; 13 judicial districts; all civil, criminal, and domestic matters) and the Bernalillo County Metropolitan Court (Largest limited jurisdiction court; covers Albuquerque), with final appeals to the New Mexico Supreme Court. Matters within federal jurisdiction proceed in the District of New Mexico.
New Mexico measures wrongful death by the worth of the decedent's life from the decedent's own standpoint, a recovery that belongs to the estate and includes lost earnings, the value of the decedent's life apart from earnings, and the decedent's own pre-death damages, with loss of consortium brought separately by close family. Pure comparative fault reduces the award in proportion, the common-law collateral source rule applies, and prejudgment interest is discretionary and weighs each party's settlement conduct. 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 New Mexico rules to a documented figure.
Request a consultation on Household Services or call (201) 343-0700. Plaintiff and defense counsel.