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Traumatic Brain Injury results in many, somewhat hidden, impacts for its victims. This creates special challenges for attorneys and experts alike. Experts from Vocational Economics are recognized leaders in this field, as demonstrated in the multiple articles listed below.
The critical issue in determining loss of earning capacity in these less-than-obvious disability cases is to educate the jury about the very real nature of the permanent disabilities sustained. Demonstrating Damages in Brain Injury Cases The cost of long-term medical care and the loss of lifetime earnings are two fundamental areas attorneys must address when litigating wrongful head injury cases.
The vocational economic analyst helps the jury understand how occupational disability and the interaction of lost ability to participate in the labor market, to compete for jobs, and to be employed results in a loss of earning capacity. Fair and reasonable worklife and earnings loss estimates can provide a jury with a credible yardstick for measuring the total loss associated with brain injury.
This article deals with the estimation of lost earning capacity in cases of minimal personality change resulting from mild traumatic brain injury.
This issue reflects two points of view from noted trial attorneys: Charles N. Simkins, Esq., Simkins & Simkins, Northville, Michigan and David F. Wentzel, Esq., McDermott, Will & Emery, Chicago, Illinois Using a Vocational Economic Analyst in Brain Injury Cases Many attorneys do not invest the time or the resources necessary to develop fully brain injury cases in terms of expert testimony. The result is that seriously injured people are left with little or no compensation. Last Modified: Thursday August 07, 2003 08:59 AM |
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