Forensic Economics Engagement Process

A forensic economics engagement proceeds in six steps, from engagement and data collection to testimony. Counsel opens it by settling scope, conflicts and the retainer in writing and by sending the earnings records and the vocational or life care report the damages rest on, since the analysis is built on those findings. There is no interview: the inputs are documents and published data, and the modeling begins as soon as the earnings base is established.

Engagement process

  1. Engagement and data collection: We confirm scope and conflicts, establish the retainer, and collect earnings records, tax returns, and the vocational or life care foundation for the damages.
  2. Earnings and benefits analysis: We establish pre- and post-injury earnings, fringe benefits, and household services using wage data and the individual's documented history.
  3. Worklife and assumptions: We apply worklife expectancy, earnings growth, and discount rate assumptions drawn from government data and peer-reviewed sources.
  4. Present-value modeling: We calculate the present value of past and future losses and prepare sensitivity analysis across reasonable assumption ranges.
  5. Report: We document the methodology, data sources, and calculations in a written report prepared to the admissibility and disclosure standards that govern expert evidence.
  6. Testimony: We provide deposition and trial testimony and prepare rebuttal analyses of opposing economic opinions.

Questions about forensic economics engagement process

What happens first in a forensic economics engagement?

The engagement agreement: scope, the conflict check, the retainer and the deadlines are fixed in writing before any data is opened, and the damages categories at issue are named so the inputs can be listed. Counsel sends the scheduling order or disclosure deadline with the file, and the earnings base is established from the records before any assumption is applied to it.

What records does KWVRS need to begin a forensic economics engagement?

The earnings history and everything that documents it: pay records, tax returns and employment and benefits documentation for the pre-injury and, where it exists, the post-injury period. The vocational opinion where earning capacity is disputed and the life care plan where future care is claimed, because the economic analysis reduces their findings to present value. Any opposing economic report, with the deadline the analysis must meet.

How is the data for a forensic economics analysis collected, and does the claimant need to be interviewed?

The inputs are documents and published data rather than an interview. Earnings and benefits come from the claimant's records, worklife expectancy, earnings growth and discount rates from government data and peer-reviewed sources, household services from the task and hour analysis, and future care from the life care plan. Where the record is silent, the report states the assumption used and its source so either side can test it.

What does KWVRS deliver at the end of a forensic economics engagement?

A written report that sets out each input, its source, the discounting method and the calculations, with past loss to the valuation date, future loss discounted to present value and a sensitivity analysis across reasonable assumption ranges, prepared to the admissibility and disclosure standards of the forum. Rebuttal analyses of opposing economic opinions follow as those reports are produced, and a planning-level version of the arithmetic is in the damages estimator.

Can a forensic economics engagement be limited to a review of the other side's calculation?

Yes. A review engagement re-runs the opposing economist's analysis from its own inputs: the earnings base it starts from, the worklife and growth figures it assumes, the rate it discounts at, how it treats benefits and household services, and whether the arithmetic reproduces. The result is a written rebuttal, scoped when that report is produced and updated if the other side supplements it.

Who at KWVRS is responsible for a forensic economics engagement?

Christopher Skerritt, the Chief of Economic Services, oversees all forensic economic evaluations and analyses and testifies on the reports he prepares. His credentials are in vocational rehabilitation and economic consulting, and the work is performed with Kincaid Wolstein Economics, the affiliated firm for forensic economic analysis. The damages calculation insight walks through the method his reports apply, input by input.

Ready to Get Started on forensic economics engagements?

Contact KWVRS to discuss scope, timing, and the deliverables appropriate to the matter. Plaintiff and defense.