Forensic Economic Evaluations for Amputation Cases
Forensic Economics applied to amputation litigation: methodology, deliverables, and case-specific considerations.
How Forensic Economic Evaluations applies to Amputation
Damages commonly include past and future lost earnings, loss of earning capacity, lost household services, prosthetic costs with projected replacements, and the present value of the full life care plan.
Typical deliverables
A written expert report, supporting data appendices, and, when retained, deposition and trial testimony.
Frequently Asked Questions
How is prosthetic replacement projected in a life care plan?
Prosthetic components have documented average service lives published by manufacturers and prosthetics literature. Life care planners project replacements at those intervals across the remaining life expectancy, with costs sourced from prosthetic providers in the claimant's geographic area.
Do upper and lower extremity amputations have different vocational implications?
Yes. Upper extremity amputations primarily affect fine motor tasks, grip strength, and bilateral coordination; lower extremity amputations primarily affect ambulation tolerance, standing, and stair climbing. Each profile pairs with different occupational options in the labor market.
Are myoelectric or osseointegrated prosthetics included in plans?
They can be, when medically indicated and supported by the treating prosthetist and physiatrist. Advanced technology often has higher acquisition cost and shorter service life for electronic components, which is reflected in projected plan costs.
How is residual earning capacity determined post-amputation?
A vocational expert integrates pre-injury work history, transferable skills, post-injury medical restrictions, functional capacity, and labor market data to identify alternative occupations and their wage ranges in the claimant's geographic labor market.
References
- Amputee CoalitionOrganization
- American Academy of Orthotists & ProsthetistsOrganization
- VA Amputation System of CareGovernment
- BLS Occupational Outlook HandbookGovernment
Ready to Get Started on forensic economics engagements for amputation cases?
Contact KWVRS to discuss scope, timing, and the deliverables appropriate to the matter. Plaintiff and defense.