We analyze earnings and fringe benefits loss allegations in injury, death, and employment lawsuits. Our analyses generally begin by analyzing the earnings the individual would have been expected to have but for the incident at issue in the lawsuit. The but-for earnings scenario is then compared to the individual’s actual earnings.

Since 1997, we have provided analysis and testimony on lost earnings in hundreds of personal injury, products liability, wrongful death, employment, and medical malpractice lawsuits.

Earnings and fringe benefits loss allegations are typically a key component of injury and wrongful death lawsuits. We help plaintiff and defense attorneys by providing reports, critiques, and testimony on the present value of:

– Salary and commission earnings
– Legally required benefits such as Social Security
– Health, life, and other insurance benefits
– Retirement pensions and 401K plans

We have special expertise in analyzing the earnings losses in unique situations such as self employed workers, business owners, stay-at-home parents, minor children, students, and undocumented workers.

In injury and death cases involving undocumented foreign workers, we use statistical methodologies and labor market data to analyze the allegations of lost U.S. wages and earnings capacity.

Accounting for the unique immigration status of undocumented workers, we study:

– U.S. earnings capacity
– Likelihood of being employed in the U.S.
– Expected work life in the U.S.
– Home country earnings capacity

We have special expertise in analyzing the earnings losses of undocumented workers from Mexico and Central America.

The possibility of re-employment makes the calculation of damages in employment termination cases different from other types of cases.

In these assessments, we study the plaintiff’s knowledge, skills, and abilities to determine employer demand in the relevant job markets. We analyze:

– Post-termination labor market prospects
– Plaintiff’s job search efforts
– Back and front pay losses

We have special expertise at analyzing job openings and labor opportunities.

Individuals do more than work. Allegations of the lost household services incurred by the family members are a common component in cases involving injury or death.
Household services include the value of services that the person would have been able to provide had they not been injured or killed.

In these cases, we calculate and/or critique estimates of the value of household services such as:

– Cleaning the house
– Taking care of children
– Managing household finances
– Running errands for household members
– Maintaining vehicles

In our research, we build statistical models of the alleged lost household services that allow us to fit time-use survey data to the injured or deceased person’s actual situation as closely as possible.

We assist attorneys with the valuation of the employee stock options at issue in injury, wrongful death, and employment cases.

Our employee stock option grant analyses consider factors such as:

– Value of the underlying employer stock

– Stock price movements exercise time period and vesting

Our expertise and experience includes valuing complex stock based employee compensation and explaining them to diverse audiences.

Valuing Employee Stock Options and Restricted Stock Grants(pdf)
Using the binomial model to value employee stock options: an example (pdf)

Case examples:
Byerlotzer v. Key Energy
Virant v. Encana Oil

In cases involving injury, plaintiffs frequently present a life care plan that details the projected medical services and products that the injured individual will need over their life time.

In these cases, we project the future cost of the items included in the life care plan, such as:

– Physicians services
– Hospitalizations and surgeries
– Equipment and supplies
– Prescription drugs