Personal Injury Economic Damages for Product Liability Cases

By KW Economics Editorial Team · Updated

Personal injury economic damages analysis applied to product liability litigation: methodology, deliverables, and case-specific considerations.

How Personal Injury Economic Damages applies to Product Liability

Product liability injuries such as burns, amputations, and neurological injuries produce large future earnings and care losses, while the injured person is often a consumer, child, homemaker, or retiree whose earnings history does not fit the injury. The integrated report is built from the components the record supports: earnings projected from the person's own path or educational trajectory, household services from the household's account and time-use data, and future care from the life care plan with category-specific cost growth, all carried to one present value on consistent assumptions. In a mass tort setting the economist applies one documented method across the claimants so each figure traces to its own record.

An integrated economic damages report for an injured person: lost earnings and fringe benefits, lost household services, and the present value of future medical and care costs supplied by treating providers or a life care plan. One report carries every economic component to a single present value with consistent growth, discount, and life expectancy assumptions, so counsel can present the damages as a whole and the jury sees one set of numbers.

What the economic claim consists of

The claim consists of lost earnings and earning capacity from the date of injury across the person's expected worklife, lost fringe benefits, the replacement value of household services, and the present value of future care costs documented in a life care plan or treating recommendations. In a fatal injury the components become the survivors' loss of support, household services, and the estate's claim where the framework provides one. In mass tort settings the analysis may also require a consistent methodology applied across many claimants with different ages, occupations, and injuries. The drivers are the earnings and benefit history, the medical and work-capacity opinions, and the care plan.

Typical deliverables

We issue the final report and provide deposition and trial testimony, rebuttal of opposing economic reports, and recalculation when the life care plan or the medical record is updated.

Attorney guides for product liability cases

Frequently asked: Personal Injury in product liability matters

How is the report built for a homemaker or retiree with no wage records?

From the household services and care components. The hours of household work the person performed are drawn from the household's account and time-use data and valued at replacement cost over the person's expected life or the period of limitation, and future care is priced from the plan. The earnings component is included only where the record supports it.

Can the report support a consistent damages model across many claimants?

Yes. One documented method for earnings, benefits, household services, and care is applied to each claimant's own records, so the figures are consistent in method and individual in result, which supports both settlement allocation and trial.

Guides and methods

References

Request a consultation on Personal Injury or call (201) 343-0700. Plaintiff and defense counsel.