KW Economics prepares lost earnings analysis for traumatic brain injury cases venued in Puerto Rico: what the loss claim consists of, the records that drive it, and a present value built to Puerto Rico 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.
Puerto Rico's rules of evidence follow the federal model for expert testimony: the court 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 meets that inquiry by naming its sources and tying each assumption to the record, in the language the court requires.
Highest court: Supreme Court of Puerto Rico (Tribunal Supremo de Puerto Rico).
Federal venues: District of Puerto Rico.
Outside the civil courts, wage-loss disputes in workers' compensation matters proceed before the Puerto Rico State Insurance Fund Corporation (CFSE).
Puerto Rico's civil-law tort system gives each surviving relative a claim of their own for the death of a family member, covering their own economic loss and suffering, alongside the estate's inherited claim for the decedent's pre-death damages. Comparative fault reduces recovery in proportion, private-party damages are not subject to a general statutory limit, and interest can be imposed on the award when a party is found to have litigated with obstinacy.
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.
Puerto Rico's rules of evidence follow the federal model for expert testimony: the court 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 meets that inquiry by naming its sources and tying each assumption to the record, in the language the court requires. Traumatic Brain Injury cases venued in Puerto Rico are heard in the Court of First Instance (Tribunal de Primera Instancia) (General jurisdiction trial court of the Commonwealth, organized into Superior and Municipal divisions; hears civil and criminal matters), with final appeals to the Supreme Court of Puerto Rico (Tribunal Supremo de Puerto Rico). Matters within federal jurisdiction proceed in the District of Puerto Rico.
Puerto Rico's civil-law tort system gives each surviving relative a claim of their own for the death of a family member, covering their own economic loss and suffering, alongside the estate's inherited claim for the decedent's pre-death damages. Comparative fault reduces recovery in proportion, private-party damages are not subject to a general statutory limit, and interest can be imposed on the award when a party is found to have litigated with obstinacy. 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 Puerto Rico rules to a documented figure.
Request a consultation on Lost Earnings or call (201) 343-0700. Plaintiff and defense counsel.