Forensic Economic Evaluations for Traumatic Brain Injury Cases
Forensic Economics applied to traumatic brain injury litigation: methodology, deliverables, and case-specific considerations.
How Forensic Economic Evaluations applies to Traumatic Brain Injury
Economic damages in TBI matters commonly include lost earnings, lost earning capacity, lost household services, lost fringe benefits, and the present value of future wage loss across the claimant's worklife expectancy. In catastrophic cases damages can extend into lost retirement contributions and reduced worklife expectancy.
Typical deliverables
A written expert report, supporting data appendices, and, when retained, deposition and trial testimony.
Frequently Asked Questions
What is a traumatic brain injury for litigation purposes?
For litigation, TBI is typically defined using clinical criteria such as the Glasgow Coma Scale, loss of consciousness, post-traumatic amnesia, and imaging findings, consistent with CDC and American Congress of Rehabilitation Medicine guidance. Severity is generally classified as mild, moderate, or severe, which correlates with expected functional outcomes.
How is earning capacity evaluated after a TBI?
Earning capacity is evaluated by integrating the pre-injury vocational profile (education, training, skills, work history, earnings) with post-injury medical and neuropsychological findings, applying transferable skills analysis and labor market data to determine what occupations remain within the person's residual functional capacity and what those occupations pay in the relevant geographic labor market.
Do mild TBI cases require vocational experts?
Mild TBI cases can require vocational experts when persistent post-concussive symptoms affect occupational performance, particularly in cognitively demanding roles. Not every mild TBI results in vocational loss, which is precisely why an objective evaluation is useful in litigation.
How does a life care planner coordinate with treating physicians in TBI cases?
A certified life care planner obtains recommendations from the treating team (physiatrist, neurologist, neuropsychologist, therapists) and translates those recommendations into a comprehensive, itemized plan of care with projected costs over the life expectancy of the evaluee.
References
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