Section 2 Scope of Chapter

• Library: Damages 2012

This chapter is intended to provide an overview of the types of experts who may be used on issues related to the amount of damages. The emphasis is on personal injury and wrongful death cases, with only a brief discussion of property damage and commercial loss cases. Because it is the plaintiff who has the burden of proving the amount of damage, it is generally the plaintiff who is inclined to call experts on that issue. Accordingly, the materials contained in this chapter may be most useful from the plaintiff’s perspective. On the other hand, defense counsel is finding it increasingly advantageous to call experts to rebut a plaintiff’s claim of damages. The suggestions set out here may at least provide the starting point for the defendant’s approach to damages experts.

In this chapter, the discussion of how to use a damages expert proceeds on the assumption that such testimony is generally admissible, but on some occasions, it may be appropriate to object...