Retaining an Expert for Personal Injury Cases
Retaining an expert in a personal injury case should follow a decision that earning capacity, employability, or future care is meaningfully contested. Early retention allows the expert to inform FCE referrals, deposition questions, and medical records collection.
Checklist
- Confirm the contested damages issue (earning capacity, future care, household services)
- Send the engagement letter and retainer
- Provide medical records, employment history, educational records
- Schedule any needed FCE and neuropsychological evaluation
- Set an initial call to align on methodology and deliverable timeline
- Preserve expert availability for deposition and trial
Questions to ask the expert
- What is your experience in cases involving this injury type?
- How will you apply the claimant's medical restrictions to labor market options?
- What labor market data do you use for this geographic area?
- How will you coordinate with my life care planner or forensic economist?
- How do you handle a pre-injury earning history that is not fully documented?
Timeline
Typical engagement from retention to report: typically 30 to 60 days from receipt of complete records. Rush timelines can be accommodated when records are complete and evaluation is not required.
Required documents
- Complete medical records
- Functional capacity evaluation (if performed)
- Employment records, W-2s, tax returns
- Educational records
- Prior vocational testing (if any)
- Deposition transcripts of the claimant and treating providers
Common pitfalls
- Late retention compressing the evaluation window
- Incomplete employment history reducing the earning capacity base
- Missing FCE or neuropsychological data required to set restrictions
- Scope ambiguity when life care planner or economist are also retained
Frequently Asked Questions
How early should I retain a vocational expert?
As soon as it becomes clear earning capacity is contested. Early retention lets the expert inform discovery and avoid gaps in the record.
What if pre-injury income was not fully reported?
Experts can use labor market data and education-based earnings tables to establish a reasonable pre-injury base, with clear documentation of the approach.
References
- BLS Occupational Employment StatisticsGovernment
- O*NET OnLineGovernment
Ready to Get Started on personal injury cases?
Contact KWVRS to discuss scope, timing, and the deliverables appropriate to the matter. Plaintiff and defense.