Litigation Experience

Why we are better:

  • Considerable technology investments in semi-automated models mean that we address personal injury and wrongful death cases faster, and for a lower cost.
  • Our standard reporting includes interactive graphics that allow you to understand the sensitivity of the damage amount to key inputs. This facilitates the preparation and assessment of settlement offers.
  • When used with a substantial number of claims (such as occurs with insurance companies), the use of a standardized model and preferred vendor means that claims are adjusted in a pre-approved and consistent manner, at a pre-approved and lower cost.
  • All input is in one place, and can be input directly by the attorney or adjuster. This organizes the process, and speeds delivery of your conclusions/results.
  • If you need expert testimony, you have a pre-committed source for a report and related expert witness.

Personal Injury and Wrongful Death

Fulcrum performs personal injury and wrongful death claims with the assistance of sophisticated models that address all the factors generally accepted in such matters. Fulcrum customizes its standard models (when required) based on the facts of each case.

We prepare economic damages calculations that address future lost earnings and costs for both plaintiffs and defendants. These analyses consider economic factors, including:

  1. Future earnings and earnings growth
  2. Value of employment benefits
  3. Expected work life
  4. Present value discounts for future investment earnings
  5. Income tax impacts
  6. Lost household contributions
  7. Future consumption

To perform these calculations properly, the analyst must identify calculation inputs based on government statistics, economic studies, and market conditions. Additional inputs are based on the plaintiff’s demographic and earnings data.

Representative Projects Involving Customized Analysis

  • On numerous occasions, performed personal injury economic damage calculations. Such calculations considered lost earnings, lost benefits, replacement earnings (if any), expected work life, and the time value of money between the date of judgment and the dates of the expected future losses.

  • On several occasions, performed business appraisals and assessments of enterprises owned and operated by injured parties. Addressed reasons for a business' decline that were unrelated to the alleged injuries.

  • Performed numerous lost earnings claims (over one hundred) involving claimed injuries from a series of medical products produced by a pharmaceutical and medical products company.

  • Calculated lost earnings involving hundreds of persons involved in an environmental mass tort case. The plaintiffs varied considerably in terms of age, income, and other demographic factors. The calculations used a complex computer model that incorporated, age, prior earnings history, claimed ailment, education, and family background.

  • On several occasions, estimated the economic damages the defendant suffered (and may suffer in the future) from residential mold.

  • In numerous occasions, researched employment statistics where the plaintiff’s past earnings were either not available (usually due to youth), or were not representative of what the earnings potential might have been. Such research came from sources such as government data, industry organizations, or customized survey research.

  • Performed a lost earning calculation involving the wrongful death (airplane crash) of an extremely successful entrepreneur who was responsible for a portfolio of business interests. At the time, the claim was one of the largest wrongful death matters that had ever been litigated (over $100 million in alleged damages).

Standardized Reports

For simple fact patterns, Fulcrum can utilize its proprietary standardized models to deliver accurate answers at a much lower cost. This approach is better because: