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Usual Opposition Position
The basic methodology for assessing loss of lifetime earnings has been questioned either because it is not performed outside litigation or because it was supposedly created by VEI.
 
VEI Position
With reference to the assertion that the methodology is not used outside litigation, damage calculations are not called for except within the context of litigation.  Damages are not calculated unless damages are sought.   The model used in assessing loss of lifetime earnings due to injury is very basic.  The model was not created by VEI, but is simply used by VEI in its assessments in order to fulfill the needs of the court.  Key elements used by all experts are as follows:
  • Lifetime earnings absent injury – this includes both how much the plaintiff could have earned and how long the plaintiff could have worked
  • Lifetime earnings with injury – this includes both how much the plaintiff can earn and how long the plaintiff can be expected to work with the injury
  • Present value assessment – this includes the determination of appropriate wage growth and discount factors
A more complete explanation of the basic VEI methodology can be found in the Vocational Economic Rationale that accompanies most assessments.
 
Related Challenges
Davis v. Henry Ford Hospital Jones v. Randles Saunders v. Webb
Wright v. Jenkins    
 
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Last modified: Tuesday November 29, 2011 04:11 PM

 


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