Damage experts often disagree regarding the appropriate discount rate in a lost earnings claim, a factor that can make a meaningful difference in the economic damages conclusion. A recent article, "An Interactive Settlement Tool Streamlines Negotiations in Lost Earnings Matters", demonstrates the significance of the applied rate on damages. A low discount rate benefits the [...]
October 2013 Economists and other financial experts are often hired to assess damages, assuming that liability will be proven. However, liability it self can sometimes be established or disproven based on statistics. For example, in a recently affirmed case involving employment discrimination, the application of a simple method failed to provide the Court with information [...]
September 2013 In many cases, punitive damages dwarf compensatory damages. However, one should not overlook the importance of the compensatory element of damages, as they can serve as a limiting factor for the punitive component. In Nickerson v. Stonebridge Life Insurance Company (B234271, Aug. 29, 2013), the California Court of Appeal affirmed the trial court’s [...]
October 2009 A recent study published in the Journal of Empirical Legal Studies finds that fully 61% of plaintiffs who reject a settlement offer and proceed to trial obtain less money than if they had settled. Defendants made the wrong decision in 24% of the cases. This is substantially different than a 50%/50% error rate [...]