KW Economics prepares lost earnings 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.
Brain injury claims often present a large lost earnings figure because cognitive and behavioral effects can end a career even when physical function returns, and a young claimant's worklife is long. The economist builds the but-for path from the earnings history or, for a young person, from occupational data for the path they were on, and compares it with a post-injury path that may be no competitive work, work only with supports, or work at a lower level. The neuropsychological and work-capacity opinions in the record define that path; the report shows the loss under each opinion when they differ and states how the total moves with residual capacity.
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.
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 in disclosure-ready form and provide deposition and trial testimony, rebuttal of opposing economic opinions, and updated calculations as new records arrive.
Brain injury claims often present a large lost earnings figure because cognitive and behavioral effects can end a career even when physical function returns, and a young claimant's worklife is long. The economist builds the but-for path from the earnings history or, for a young person, from occupational data for the path they were on, and compares it with a post-injury path that may be no competitive work, work only with supports, or work at a lower level. The neuropsychological and work-capacity opinions in the record define that path; the report shows the loss under each opinion when they differ and states how the total moves with residual capacity.
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 Lost Earnings or call (201) 343-0700. Plaintiff and defense counsel.