News
Pure Offset Calculation
Mike Swift
Economic language is sometimes very hard to understand. As a result, many attorneys believe that a present value calculation, requiring a “discount to present value” specific to earning capacity loss, must result in an amount less than today’s ...
Economic Damages From Wrongful Termination
Mike Swift
The economic damages resulting from wrongful termination are substantial. An individual may become displaced from the labor market during a critical point in his or her career development. Even if an individual quickly finds re-employment following w...
Worklife Expectancy as a Function of Disability
Mike Swift
An individual’s worklife expectancy is the ‘how long’ of lifetime earnings. It tells us the number of years of future earnings that should be considered when estimating a loss. A worklife expectancy can be either assumed (e.g., to Social Securi...
Measuring Lost Earning Capacity from Disability: The Double Whammy
Mike Swift
Earnings and employment data emanating from U.S. government surveys provide valuable information about the experiences of persons with disabilities in the labor market. Two main facts pertaining to workers with disabilities who work year-round full-t...
Human Capital
Mike Swift
An individual’s lifetime earning capacity is his or her power to work and earn money in the competitive labor market. The two components of lifetime earning capacity are how much an indi...
Back to Work with a Mild Traumatic Brain Injury – Is There a Loss?
Mike Swift
Conventional wisdom would suggest that an individual with a mild traumatic brain injury who has returned to work, perhaps receiving the same or even greater compensation, has suffered no lifetime loss of earning capacity. This is a misconception. The...
The American Community Survey as The Gold Standard for Disability Data
Mike Swift
Disability is defined by the Americans with Disabilities Act (ADA) as “a physical or mental impairment that substantially limits one or more major life activities.” Generally, disability can be thought of as the loss or reduction of ability from ...
