Preliminary Sections

• Author: Stanley P. Stephenson/David A. Macpherson
• Pages: 1-24

DETERMINING ECONOMIC DAMAGES

BY STANLEY P. STEPHENSON, PH.D. & DAVID A. MACPHERSON, PH.D.

HIGHLIGHTS

Determining Economic Damages guides you start-to-f‌inish through damage assessment and proof. Learn how

economic damages are calculated, what to ask a forensic economist, and which tables to consult for current data on

which to base damages calculations and more.

New in this edition:

CHAPTER 3 PAST AND FUTURE EARNINGS

• Small Business Owners and Other Self-Employed Workers. Evaluating lost earnings for a self-

employed plaintiff presents special challenges. Methods used for traditional employees are not likely to be

suff‌icient. See §353 for helpful documents and key questions a damages expert should ask.

CHAPTER 7 LOSS DURATION; LIFE EXPECTANCY; AND WORKLIFE EXPECTANCY

• The Skoog/Ciecka/Krueger Years to Final Separation from Labor Force Tables. Years to f‌inal

separation allows the damages expert to consider the plaintiff’s time not in the work force before f‌inally

leaving it. See §734.

• WLE and YFS Compared. In some situations, WLE is a preferred measure of loss duration and in other

matters YFS is more appropriate. The choice depends on the facts of the case. See §743.

CHAPTER 9 USING REPORTS OF MEDICAL AND REHABILITATION EXPERTS

• Medical Care Price Increases and Life Care Plans. To estimate the future costs of goods and services

indicated in a life care plan, you must increase the costs of these goods and services into the future before

discounting them to present value. See §920.

CHAPTER 16 COMMERCIAL ECONOMIC DAMAGES: LOST PROFITS

• When to Value Lost Prof‌its. When to value lost prof‌its is a key issue to discuss with the retaining attorney

to comport with rules applicable to the venue and type of case. There are typically three date alternatives.

See §16111.

• What Discount Rate to Use When Discounting Lost Prof‌its. Courts have taken three basic

approaches to the choice of discount rate. See §16111.

CHAPTER 18 ECONOMIC DAMAGES FROM INTELLECTUAL PROPERTY INFRINGEMENT

• Remedies in Copyright and Trademark Cases involving Infringer’s Costs. Courts do not agree

about which expenses to deduct from revenue to account for defendant’s prof‌its, especially in copyright

and trademark cases. See §1846.

AND MORE!

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