MICRA Evolution: A New Dawn for Medical Malpractice Compensation

Since its establishment in 1975, the Medical Injury Compensation Reform Act (MICRA) has been a cornerstone of California’s legal landscape, particularly in the realm of medical malpractice litigation. At the heart of this legislation was a contentious $250,000 cap on non-economic damages, including pain and suffering. However, in 2022, California’s legal landscape witnessed a significant […]
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Unlocking the Mysteries of Damages Calculation: Nominal Rates vs. Net Discount Rate Methodologies

In the realm of forensic economics, calculating damages is a nuanced and intricate task. Forensic economists play a pivotal role in quantifying the economic impact of various factors in legal cases. Two primary methodologies employed in this field are the Nominal Rates Method and the Net Discount Rate Method. While both the Nominal Rates Method […]
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Punitive Damages

In litigation, attorneys may demand economic damages, non-economic damages, and punitive damages. Economic damages include monetary losses from income and benefits, as well as medical expenses, property loss and so on. These are all areas where it is useful to designate an economist as an expert witness. Non-economic damages such as pain & suffering, loss […]
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Don’t be messy with your case by ignoring Household Services

We have all heard Benjamin Franklin’s famous saying: “Time is Money”.  However, when it comes to calculating economic damages, usually people tend to think of only income and benefits as having value.  The time one spends providing services for their household can often be overlooked, specifically in injuries that result in death. Each member of a household […]
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How the Coronavirus Will Affect Economic Damages

The COVD-19 virus is a pandemic unlike anything most of us have ever experienced.  As the United States appears to be on the downward trajectory of new cases reported, the aftermath of this virus will continue for months, or more likely, years. There have already been a significant number of lawsuits filed.  There are a number of […]
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Determining Personal Consumption

When dealing with a personal injury or medical malpractice matter that results in a wrongful death, it is important to remove the personal consumption of the Decedent when calculating damages.  Indivisible expenses are not to be included as part of the Decedent’s personal consumption at all. When calculating personal consumption, it is important to take […]
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How to Estimate a Plaintiff’s Retirement Age

When a Plaintiff can no longer work due to an injury, the loss of future earnings will span from the date of the incident all the way through their pre-incident retirement date. When most people think of retirement, age 65 is usually what pops into mind. To qualify for full Social Security Retirement Benefits, individuals […]
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Data Breaches and Cyber Liability Assessment

Today, technological advances are made seemingly daily and institutions large and small from governments and Fortune 500 Companies to mom and pop shops are becoming increasingly reliant on technology and in turn increasingly vulnerable.  The biggest appeal of technology is that it can make business far more efficient and reduce costs.  However, as economists, we […]
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economic damages

When Pain & Suffering is Taken out of the Equation

In many cases, pain and suffering, which is considered non-economic damages, is a significant portion of the total damages. For example, the case of Russell Sheaffer vs. NuCO2* was one where the Plaintiff suffered personal injuries as a result of a motor vehicle incident. In June of 2015, the Plaintiff was awarded over $17 million in damages. […]
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