KW Economics prepares lost earnings analysis for product liability cases venued in South Dakota: what the loss claim consists of, the records that drive it, and a present value built to South Dakota damages rules and venues. Plaintiff and defense.
Product liability claims often involve an injured person whose exposure to the product bears no relation to their occupation, so the lost earnings analysis is built from that person's own path rather than from the circumstances of the injury. The economist establishes the but-for earnings base from the earnings history or, for a child, student, or homemaker, from the educational path and occupational earnings data, projects it over the applicable worklife with growth, and sets against it the post-injury path the work-capacity opinions support. In a mass tort setting the same documented method is applied to each claimant's own records so results are consistent in method and individual in result.
Past and future lost earnings and fringe benefits for a person whose injury has removed them from work or reduced what they can earn. The analysis builds from the earnings history, projects the but-for path over the person's expected worklife with wage growth, and discounts the future stream to present value. When the person can still work in a reduced capacity, the loss is framed as diminished earning capacity, with the post-injury path drawn from a vocational opinion or the treating record and offset against the but-for projection.
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.
South Dakota courts screen expert testimony for reliability: the trial 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. A damages report is written to that standard, with each data series named and each assumption tied to the record.
Highest court: South Dakota Supreme Court. Court system: ujs.sd.gov.
Federal venues: District of South Dakota.
Outside the civil courts, wage-loss disputes in workers' compensation matters proceed before the South Dakota Department of Labor and Regulation, Division of Labor and Management.
South Dakota provides a wrongful death action for the pecuniary injury to the surviving spouse, children, or next of kin, which the courts read to include loss of companionship and society, alongside a survival action for the estate. The state's unusual comparative negligence rule allows recovery only when the plaintiff's negligence was slight in comparison with the defendant's, the common-law collateral source rule applies, and prejudgment interest is allowed on past damages but not on future damages, punitive damages, or intangible losses.
We issue the final report in disclosure-ready form and provide deposition and trial testimony, rebuttal of opposing economic opinions, and updated calculations as new records arrive.
Product liability claims often involve an injured person whose exposure to the product bears no relation to their occupation, so the lost earnings analysis is built from that person's own path rather than from the circumstances of the injury. The economist establishes the but-for earnings base from the earnings history or, for a child, student, or homemaker, from the educational path and occupational earnings data, projects it over the applicable worklife with growth, and sets against it the post-injury path the work-capacity opinions support. In a mass tort setting the same documented method is applied to each claimant's own records so results are consistent in method and individual in result.
South Dakota courts screen expert testimony for reliability: the trial 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. A damages report is written to that standard, with each data series named and each assumption tied to the record. Product Liability cases venued in South Dakota are heard in the Circuit Court (General jurisdiction; 7 circuits across 66 counties; all civil, criminal, and domestic matters), with final appeals to the South Dakota Supreme Court. Matters within federal jurisdiction proceed in the District of South Dakota.
South Dakota provides a wrongful death action for the pecuniary injury to the surviving spouse, children, or next of kin, which the courts read to include loss of companionship and society, alongside a survival action for the estate. The state's unusual comparative negligence rule allows recovery only when the plaintiff's negligence was slight in comparison with the defendant's, the common-law collateral source rule applies, and prejudgment interest is allowed on past damages but not on future damages, punitive damages, or intangible losses. 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 South Dakota rules to a documented figure.
Request a consultation on Lost Earnings or call (201) 343-0700. Plaintiff and defense counsel.