Category: Personal Injury/Wrongful Death

Calculating Future Lost Earnings with No Earnings History

One common point of disagreement amongst opposing sides of a lost earnings case is future earnings, especially when the claimant has no meaningful earnings history.  This typically occurs in personal injury cases in which the injured party is a child or an adolescent.  Recently published data by the Board of Governors of the Federal Reserve …

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Permanent link to this article: http://betweenthenumbers.net/2018/06/calculating-future-lost-earnings-with-no-earnings-history/

Calculate Economic Damages Associated with Lost Earnings Claims Accurately and Efficiently

Lost compensation is a method of capturing economic damages in personal injury, medical malpractice, wrongful termination, failure to promote and other similar torts.  Independent damages experts (often economists or CPAs) are often employed to calculate lost compensation because of their unique background/skill set in addressing such economic losses.  However, the desire to minimize costs means …

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Permanent link to this article: http://betweenthenumbers.net/2018/04/calculate-economic-damages-associated-with-lost-earnings-claims-accurately-and-efficiently/

Virtual Reality Will Change the Way Juries View Evidence

A recent article available at www.digitaltrends.com describes how virtual reality may soon allow jurors to explore crime scenes as they actually appeared.  In the article, Dr. Mehzeb Chowdhury, a researcher in forensic science and criminal investigations at Durham University in the U.K.m describes his MABMAT robotic imaging system as capable of capturing every detail of an …

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Permanent link to this article: http://betweenthenumbers.net/2016/09/virtual-reality-will-change-the-way-juries-view-evidence/

Appeals Court Requires a Medical Expert to Prove Discomfort Causation

The San Antonio Court of Appeals recently affirmed summary judgment for Marathon Oil Corporation in their defense against a case brought by Michael and Myra Cerny.  The underlying litigation alleged that emissions from Marathon plants caused the Cernys various injuries and property damage. However, the Cernys presented no expert medical testimony on the causation of …

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Permanent link to this article: http://betweenthenumbers.net/2015/10/appeals-court-requires-a-medical-expert-to-prove-discomfort-causation/

Costs Excluded From Prejudgment Interest Calculation In Personal Injury Award

Prejudgment interest is often applied to a personal injury award in an attempt to capture the lost value of the use of monies prior to the judgment date.  A recent case, Bean v. Pacific Coast Elevator Corporation (“Pacific Coast”), has addressed whether costs awarded to a plaintiff in addition to damages are also subject to prejudgment interest.  …

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Permanent link to this article: http://betweenthenumbers.net/2015/03/costs-excluded-from-prejudgment-interest-calculation-in-personal-injury-award/

Court rules indemnification plaintiff doesn’t have to rely only on former opposing expert.

In National Union Fire Insurance Co. of Pittsburgh Pa. v. Tokio Marine and Nichido Fire Insurance Co., the California Court of Appeal in the Second District held that a subsequent indemnity coverage action by an insurer may include expert opinions not presented by the original plaintiff’s experts in the underlying dispute.The underlying plaintiff settled with Costco …

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Permanent link to this article: http://betweenthenumbers.net/2015/02/court-rules-indemnification-plaintiff-doesnt-have-to-rely-only-on-former-opposing-expert/

New Method for Submitting OSHA Whistleblower Complaints

The Occupational Safety and Health Administration (OSHA)’s Whistleblower Protection Program is now accepting whistleblower complaints filed online. The online form can be completed electronically or downloaded and submitted by fax, mail or hand-delivery to a regional office.  The form asks basic information of the employee, including: Contact information; Bargaining unit representative information; Employer and supervisor information; and …

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Permanent link to this article: http://betweenthenumbers.net/2014/01/new-method-for-submitting-osha-whistleblower-complaints/

An example of a proper expert exclusion under Daubert

In an unpublished opinion in re: Craig Moore vs. International Paint, L.L.C., (No. 13-30281, November 15, 2013) the Fifth Circuit upheld the District Court’s exclusion of an expert witness and the related Summary Judgment Order. The case provides a worthwhile primer on when a Daubert motion should be successful. Too often, judges go beyond the …

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Permanent link to this article: http://betweenthenumbers.net/2013/12/an-example-of-a-proper-expert-exclusion-under-daubert/

States Continue to Search for Ways to Save on Judicial Resources

Since the “Great Recession”, cost saving on litigation continues to be a grave concern for practically everyone involved.  The states’ judiciary systems are just one of the many; attempting to save costs on judicial resources, states continue to put pressure on both parties to settle.  Florida recently passed a Proposal for Settlement Statute related to …

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Permanent link to this article: http://betweenthenumbers.net/2013/12/states-continue-to-search-for-ways-to-save-on-judicial-resources-2/

Seventh Circuit pulls back on Daubert expert witness exclusions

Stollings vs. Ryobi Technologies (7th Cir, August 2, 2013) involves a product liability suit for faulty design in which the Plaintiff sustained injuries on a power saw. Plaintiff planned to offer expert testimony from an academic named Graham that the installation of: “… automatic braking technology on all power saws would be socially beneficial because …

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Permanent link to this article: http://betweenthenumbers.net/2013/08/seventh-circuit-pulls-back-on-daubert-expert-witness-exclusions/