Assessing Economic Damages in Personal Injury and Wrongful Death Litigation: The State of South Carolina

2018 ◽  
Vol 27 (2) ◽  
pp. 179-191
Author(s):  
Nikanor Volkov
Keyword(s):  
South Carolina ◽  
Medical Malpractice ◽  
Common Law ◽  
Case Law ◽  
The State ◽  
Personal Injury ◽  
Practice Elements ◽  
Wrongful Death ◽  
Death Cases ◽  
Economic Damages

Abstract This article presents a framework for computing damages in South Carolina personal injury and wrongful death cases including those that are caused by medical malpractice. The analysis is based on statute, common law, case law, and practice. Elements unique to personal injury and wrongful death cases are discussed, as well as elements common to both. The role and requirements for damage experts are also presented.

Assessing Economic Damages in Personal Injury and Wrongful Death Litigation: The State of Iowa

2018 ◽  
Vol 27 (1) ◽  
pp. 71-91
Author(s):  
David I. Rosenbaum ◽  
Kimberly P. Knoshaug
Keyword(s):  
Common Law ◽  
Case Law ◽  
The State ◽  
Personal Injury ◽  
Practice Elements ◽  
Jury Instructions ◽  
Wrongful Death ◽  
Death Cases ◽  
Economic Damages

Abstract This article presents a framework for computing damages in Iowa personal injury and wrongful death cases. The analysis is based on statute, common law, case law, jury instructions, and practice. Elements unique to personal injury and wrongful death cases are discussed, as well as elements common to both. Iowa proves to be somewhat unique in damages allowed in cases of wrongful death. The role and requirements for damage experts are examined as well.

Assessing Economic Damages in Personal Injury and Wrongful Death Litigation: The State of Nebraska

2016 ◽  
Vol 26 (2) ◽  
pp. 193-209
Author(s):  
David I. Rosenbaum ◽  
Mark Richardson
Keyword(s):  
Common Law ◽  
Case Law ◽  
The State ◽  
Personal Injury ◽  
Practice Elements ◽  
Jury Instructions ◽  
Wrongful Death ◽  
Death Cases ◽  
Economic Damages

Abstract This article presents a framework for computing damages in Nebraska personal injury and wrongful death cases. The analysis is based on statute, common law, case law, jury instructions and practice. Elements unique to personal injury and wrongful death cases are discussed, as well as elements common to both. The role and requirements for damage experts are examined, as are the work product and likelihood of deposition and testimony.

Assessing Economics Damage in Personal Injury and Wrongful Death Litigation: The State of New York

2011 ◽  
Vol 22 (1) ◽  
pp. 75-100 ◽  
Author(s):  
Lawrence M. Spizman ◽  
Frank D. Tinari
Keyword(s):  
New York ◽  
Medical Malpractice ◽  
The State ◽  
Personal Injury ◽  
Economic Damage ◽  
Court System ◽  
Accepted Practice ◽  
Wrongful Death ◽  
Death Cases ◽  
Economic Damages

Abstract Contributors to the Journal of Forensic Economics are compiling a state-by-state series of papers on how economic damages are assessed in personal injury and wrongful death cases. This paper discusses the rules of the court, the court system, and case law for the state of New York. New York's system is unique in several important ways. The state has passed statutes that specify in some detail both the method to be used to calculate damages and how a jury's verdict is to be transformed into a judgment. New York Civil Practice Law & Rules (CPLR) Articles 50-A and 50-B provide for separate and different treatment of medical malpractice cases and for all other standard torts, respectively. As a result, the damages sections of the two statutes provide specific guidance to the economic expert. Further, except in medical malpractice death cases, New York is different from other states in that its court does not require testifying economic damages experts to discount to present value. This paper discusses these issues and others to familiarize economic damages experts with the relevant court rules and rulings, as well as accepted practice, when performing economic damage appraisals in the state of New York.

Assessing Economic Damages in Personal Injury and Wrongful Death Litigation: The State of Colorado

2013 ◽  
Vol 24 (2) ◽  
pp. 221-240
Author(s):  
Jane Lillydahl ◽  
Gilbert L. Mathis
Keyword(s):  
Medical Malpractice ◽  
Case Law ◽  
Legal Framework ◽  
The State ◽  
Personal Injury ◽  
Jury Instructions ◽  
Economic Expert ◽  
Wrongful Death ◽  
Economic Damages

AbstractThis article presents the legal framework for the assessment of economic damages in the state of Colorado. Special attention is given to the statutes, case law, and procedural rules that govern the estimation of damages in personal injury and wrongful death actions including medical malpractice and ski accidents. Also included are an overview of the jury instructions and the role of the forensic economic expert in the assessment of economic damages.

Assessing Economic Damages in Personal Injury and Wrongful Death Litigation: The State of Rhode Island

2016 ◽  
Vol 26 (2) ◽  
pp. 211-221
Author(s):  
David Schap ◽  
Steven J. Shapiro ◽  
Caitlin Street
Keyword(s):  
Rhode Island ◽  
Medical Malpractice ◽  
Case Law ◽  
Legal Framework ◽  
The State ◽  
Personal Injury ◽  
Wrongful Death ◽  
Economic Damages

Abstract This article presents the legal framework for the assessment of economic damages in the state of Rhode Island. Special attention is given to the statutes and case law that govern the estimation of damages in personal injury and wrongful death actions, including medical malpractice. An overview of the role of the damages expert is included.

Assessing Economic Damages in Personal Injury and Wrongful Death Litigation: The State of Michigan

2012 ◽  
Vol 23 (1) ◽  
pp. 63-89
Author(s):  
William D. King ◽  
Michael S. Mahoney
Keyword(s):  
Case Law ◽  
The State ◽  
Personal Injury ◽  
Automobile Accidents ◽  
Clear Separation ◽  
Wrongful Death ◽  
Death Cases ◽  
Noneconomic Damages ◽  
Economic Damages ◽  
Tort Claims

Abstract This article discusses the methods by which damages are calculated in personal injury and wrongful death cases in the state of Michigan. It discusses issues relevant to the economic damages expert that are common to all matters of personal injury and wrongful death damages law in Michigan. The areas that are unique to Michigan in estimating damages are discussed in detail with sources cited from both Michigan's statutes and case law. There is a clear separation between estimating the particular components for normal tort claims for personal injury and wrongful death damages and claims arising from automobile accidents. An assessment of noneconomic damages available, as a matter of law to Michigan plaintiffs, is described within the context of personal injury, wrongful death and no-fault automobile injury litigation. The last section presents matters of admissibility of evidence by the damage expert in the course of trial.

Update to Assessing Economic Damages in Personal Injury and Wrongful Death Litigation: The State of California

2021 ◽  
Author(s):  
Barry Ben-Zion ◽  
Michael Visser
Keyword(s):  
The State ◽  
Personal Injury ◽  
Forensic Economics ◽  
Wrongful Death ◽  
Death Cases ◽  
Economic Damages

Abstract This article is designed to update the original article that appeared in the Journal of Forensic Economics, 17:3 (2004). The article discusses a change in procedure for expert discovery and deposition and five substantive changes and clarifications affecting the legal guidance for valuation of damages in personal injury and wrongful death cases in California.

Update to Assessing Economic Damages in Personal Injury and Wrongful Death Litigation: The State of Mississippi

2016 ◽  
Vol 26 (2) ◽  
pp. 235-243
Author(s):  
Carl G. Brooking ◽  
Blakely Fox Fender ◽  
Harvey L. Fiser
Keyword(s):  
Case Law ◽  
The State ◽  
Personal Injury ◽  
Economic Expert ◽  
Wrongful Death ◽  
Economic Damages

Abstract This article provides summary and analysis of case law and relevant statutes in Mississippi since 2004 that are important for the forensic economist to consider in the calculation of economic damages in wrongful death and personal injury matters. Particular attention is devoted to Rebelwood Apartments RP, LP v. English (2010), which provided specific guidance to the forensic economist in Mississippi on several fronts and explicitly tasks the economic expert with rooting analysis in sufficient facts and evidence.

Assessing Economic Damages in Personal Injury and Wrongful Death Litigation: The State of Alaska

2010 ◽  
Vol 21 (2) ◽  
pp. 199-218
Author(s):  
Laura J. Taylor
Keyword(s):  
Legal Framework ◽  
The State ◽  
Personal Injury ◽  
Court System ◽  
Discovery Process ◽  
Economic Expert ◽  
Subsistence Activities ◽  
Wrongful Death ◽  
Death Cases ◽  
Economic Damages

AbstractIn contribution to the series on economic damages in personal injury and wrongful death cases by state, this article presents the legal framework for calculating economic damages in civil litigation in the State of Alaska. Areas of discussion include the court system in Alaska, the requirements for an economic expert in the discovery process, earnings calculations and the related deductions in personal injury and wrongful death matters. In addition, non-economic damages are briefly addressed, as are subsistence activities and the Permanent Fund Dividend.

Assessing Economic Damages in Personal Injury and Wrongful Death Litigation: The State of New Jersey

2010 ◽  
Vol 21 (2) ◽  
pp. 219-234 ◽  
Author(s):  
Frank D. Tinari ◽  
Kristin K. Kucsma
Keyword(s):  
New Jersey ◽  
The State ◽  
Personal Injury ◽  
Economic Damage ◽  
Court System ◽  
Earnings Losses ◽  
Standard Practices ◽  
Wrongful Death ◽  
Death Cases ◽  
Economic Damages

Abstract Contributors to the Journal of Forensic Economics are compiling a state-by-state series of papers on how economic damages are assessed in personal injury and wrongful death cases. This paper discusses rules of the court, the court system, and case law for the State of New Jersey. Overall, New Jersey is both different and the same as many other states. The court requires experts to discount to present value, use gender-neutral life expectancy tables, and subtract personal income taxes when estimating earnings losses. New Jersey also accepts expert testimony regarding the value of lost companionship services and advice and counsel services in death cases. This paper discusses these issues and others, with a goal of familiarizing forensic economists with the relevant court rules and rulings and standard practices when performing economic damage appraisals in the State of New Jersey.

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