Section 48 Disability Information or Assumptions

• Library: Damages 2012

The economist, of course, is not a medical doctor and cannot determine the extent of disability. Accordingly, the economist should be provided information about the disability if it is clear and uncontested. If the medical evidence is contested, the economist will be asked to make certain assumptions based on evidence in the case.

When the evidence from medical witnesses, vocational rehabilitation counselors, or similar experts shows that the plaintiff is totally disabled from further gainful employment, the economist’s determination as to the extent of losses is easy. The economist simply projects what the plaintiff would have earned in the absence of injury, and that total sum is “lost” because of the injury.

When the plaintiff’s...