An Agenda for Future Research in Forensic Economics: Topics from NAFE Surveys and Additional Proposals

2021 ◽  
Author(s):  
Michael L. Brookshire ◽  
Frank L. Slesnick
Keyword(s):  
Economic Research ◽  
Personal Injury ◽  
Future Research ◽  
Research Topics ◽  
Forensic Economics ◽  
Wrongful Death ◽  
Death Cases

Abstract This paper provides suggestions for future research by forensic economists, focused upon personal injury and wrongful death cases. The paper is particially based on questions from our 10 surveys of NAFE members over 25 years, in which members were directly asked to rank future areas of forensic economic research in importance. We discuss answers to important questions where there is little or no consensus among respondents, and where consensus is reasonably clear, as this may influence topics chosen for future research. We also discuss research topics by drawing on our own experience as forensic economists.

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.

scholarly journals Using TIPS to Discount to Present Value

2014 ◽  
Vol 25 (1) ◽  
pp. 71-89
Author(s):  
Raymond Strangways ◽  
Bruce L. Rubin ◽  
Michael Zugelder
Keyword(s):  
Interest Rates ◽  
Legal History ◽  
Personal Injury ◽  
Economic Losses ◽  
Present Value ◽  
Expected Inflation ◽  
Forensic Economics ◽  
History Of ◽  
Wrongful Death ◽  
Death Cases

Abstract The practice of forensic economics has a long history of trying to identify the correct interest rate to use when valuing economic losses in personal injury and wrongful death cases. We trace the legal history as it relates to the appropriate interest rates and adjustments for inflation. We then discuss the use of Treasury Inflation Protected Securities, TIPS, and an analysis of the combined effect of realized inflation and taxes on the effective return. We come to the unexpected conclusion that the use of TIPS does not lend itself to a simple adjustment to the rate for taxes nor eliminate the need to consider expected inflation.

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

2021 ◽  
Author(s):  
Joseph Irving Rosenberg ◽  
Thomas C. Borzilleri
Keyword(s):  
Expert Testimony ◽  
The State ◽  
Personal Injury ◽  
State Court ◽  
Court System ◽  
Forensic Economics ◽  
Wrongful Death ◽  
Death Cases ◽  
Economic Damages

Abstract This article is one in the Journal of Forensic Economics series providing experts with information about how to prepare and testify about economic damages in personal injury and wrongful death cases in the state of Maryland.1 Topics covered include a review of the Maryland state court system, rules regarding expert testimony, and wrongful death and personal injury economic damages calculations. An Appendix contains the relevant statutes.

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

2019 ◽  
Vol 28 (1-2) ◽  
pp. 211-226
Author(s):  
Antonio Avalos ◽  
R. Sean Alley ◽  
Philip T. Ganderton
Keyword(s):  
New Mexico ◽  
Expert Testimony ◽  
Value Of Life ◽  
The State ◽  
Personal Injury ◽  
State Court ◽  
Court System ◽  
Forensic Economics ◽  
Wrongful Death ◽  
Economic Damages

Abstract This article contributes to the Journal of Forensic Economics series on economic damages assessment in individual states by presenting the framework for calculating economic damages in personal injury and wrongful death actions in the State of New Mexico. Topics covered include a review of the New Mexico state court system, procedural rules regarding expert testimony and related discovery, wrongful death and personal injury relevant economic damages calculations, and testimony regarding value of life damages. Other topics relevant to the practicing forensic economist are also discussed.

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 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.

Calculating Future Fringe Benefits in Personal Injury and Wrongful Death Cases

1991 ◽  
Vol 4 (2) ◽  
pp. 245-246
Author(s):  
Wolfgang W. Franz ◽  
Scott T. Ashby
Keyword(s):  
Personal Injury ◽  
Fringe Benefits ◽  
Wrongful Death ◽  
Death Cases

Abstract No abstract available.

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.

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