This document discusses when lawyers use economics experts in cases, specifically personal injury cases. It outlines Scott Gilbert's background and experience as an economics expert witness. Economics experts are useful in personal injury cases to estimate future economic damages like medical costs, lost earnings, and lost household productivity. The expert works with the lawyer to understand the case, provide an analysis and report, and potentially testify. Their role is to reduce risk and uncertainty around calculating damages for the jury.
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1. Using an Expert in Calculating Damages
Forensic Economics & Scienti鍖c Evidence
Scott Gilbert1
1 Economics Department
Southern Illinois University Carbondale
IICLE R Advanced Personal Injury Law, March 2013
Scott Gilbert Calculating Damages
2. Objectives
Explain the general circumstances in which lawyers use
economics experts in their cases.
Scott Gilbert Calculating Damages
3. Objectives
Explain the general circumstances in which lawyers use
economics experts in their cases.
For personal injury cases, list circumstances in which
economics experts are useful.
Scott Gilbert Calculating Damages
4. Objectives
Explain the general circumstances in which lawyers use
economics experts in their cases.
For personal injury cases, list circumstances in which
economics experts are useful.
Describe the working relationship between the lawyer and
economics expert.
Scott Gilbert Calculating Damages
5. Objectives
Explain the general circumstances in which lawyers use
economics experts in their cases.
For personal injury cases, list circumstances in which
economics experts are useful.
Describe the working relationship between the lawyer and
economics expert.
Distinguish between di鍖erent economic approaches to
determining economic damages.
Scott Gilbert Calculating Damages
6. Objectives
Explain the general circumstances in which lawyers use
economics experts in their cases.
For personal injury cases, list circumstances in which
economics experts are useful.
Describe the working relationship between the lawyer and
economics expert.
Distinguish between di鍖erent economic approaches to
determining economic damages.
Decide whether an economic expert is right for your case.
Scott Gilbert Calculating Damages
7. About Me
Scott Gilbert
Background
Ph.D. in economics, University of California San Diego
Court Experience
Scott Gilbert Calculating Damages
8. About Me
Scott Gilbert
Background
Ph.D. in economics, University of California San Diego
Bachelors in economics, University of California Berkeley
Court Experience
Scott Gilbert Calculating Damages
9. About Me
Scott Gilbert
Background
Ph.D. in economics, University of California San Diego
Bachelors in economics, University of California Berkeley
Tenured associate professor at Southern Illinois University
Court Experience
Scott Gilbert Calculating Damages
10. About Me
Scott Gilbert
Background
Ph.D. in economics, University of California San Diego
Bachelors in economics, University of California Berkeley
Tenured associate professor at Southern Illinois University
Previously at Federal Reserve Bank of San Francisco
Court Experience
Scott Gilbert Calculating Damages
11. About Me
Scott Gilbert
Background
Ph.D. in economics, University of California San Diego
Bachelors in economics, University of California Berkeley
Tenured associate professor at Southern Illinois University
Previously at Federal Reserve Bank of San Francisco
Court Experience
Expert witness - Gilbert Economics (gilberteconomics.com)
Scott Gilbert Calculating Damages
12. About Me
Scott Gilbert
Background
Ph.D. in economics, University of California San Diego
Bachelors in economics, University of California Berkeley
Tenured associate professor at Southern Illinois University
Previously at Federal Reserve Bank of San Francisco
Court Experience
Expert witness - Gilbert Economics (gilberteconomics.com)
Cases: personal injury, wrongful death, contract law, divorce
Scott Gilbert Calculating Damages
13. About Me
Scott Gilbert
Background
Ph.D. in economics, University of California San Diego
Bachelors in economics, University of California Berkeley
Tenured associate professor at Southern Illinois University
Previously at Federal Reserve Bank of San Francisco
Court Experience
Expert witness - Gilbert Economics (gilberteconomics.com)
Cases: personal injury, wrongful death, contract law, divorce
Courts: federal and state, Illinois, Missouri, Kentucky,
Mississippi
Scott Gilbert Calculating Damages
14. High-Stakes Cases
Key Elements
economic damages: $$$
Role of the Economist
Scott Gilbert Calculating Damages
15. High-Stakes Cases
Key Elements
economic damages: $$$
risk averse lawyers
Role of the Economist
Scott Gilbert Calculating Damages
16. High-Stakes Cases
Key Elements
economic damages: $$$
risk averse lawyers
Role of the Economist
discovery, forensic economics
Scott Gilbert Calculating Damages
17. High-Stakes Cases
Key Elements
economic damages: $$$
risk averse lawyers
Role of the Economist
discovery, forensic economics
reduce risk to lawyers
Scott Gilbert Calculating Damages
18. The Big Personal Injury Case
Economic Loss Elements
medical costs
Role of the Economist
Scott Gilbert Calculating Damages
19. The Big Personal Injury Case
Economic Loss Elements
medical costs
earnings loss
Role of the Economist
Scott Gilbert Calculating Damages
20. The Big Personal Injury Case
Economic Loss Elements
medical costs
earnings loss
household productivity loss
Role of the Economist
Scott Gilbert Calculating Damages
21. The Big Personal Injury Case
Economic Loss Elements
medical costs
earnings loss
household productivity loss
Role of the Economist
estimate the present value of future losses
Scott Gilbert Calculating Damages
22. The Big Personal Injury Case
Economic Loss Elements
medical costs
earnings loss
household productivity loss
Role of the Economist
estimate the present value of future losses
reduce risk about jurys 鍖ndings
Scott Gilbert Calculating Damages
23. You and the Forensic Economist
Working Together
fees
Scott Gilbert Calculating Damages
24. You and the Forensic Economist
Working Together
fees
documents
Scott Gilbert Calculating Damages
25. You and the Forensic Economist
Working Together
fees
documents
discussion
Scott Gilbert Calculating Damages
26. You and the Forensic Economist
Working Together
fees
documents
discussion
report
Scott Gilbert Calculating Damages
27. You and the Forensic Economist
Working Together
fees
documents
discussion
report
testimony
Scott Gilbert Calculating Damages
28. What Your Economist is Thinking
Ideas
make-whole principle
Scott Gilbert Calculating Damages
29. What Your Economist is Thinking
Ideas
make-whole principle
observed versus but-for wellbeing
Scott Gilbert Calculating Damages
30. What Your Economist is Thinking
Ideas
make-whole principle
observed versus but-for wellbeing
present values: observed minus but-for
Scott Gilbert Calculating Damages
31. What Your Economist is Thinking
Ideas
make-whole principle
observed versus but-for wellbeing
present values: observed minus but-for
discount rate
Scott Gilbert Calculating Damages
32. What Your Economist is Thinking
Ideas
make-whole principle
observed versus but-for wellbeing
present values: observed minus but-for
discount rate
market values
Scott Gilbert Calculating Damages
33. Scienti鍖c Evidence
Standards, Rules, Precedent
Frye standard
Scott Gilbert Calculating Damages
34. Scienti鍖c Evidence
Standards, Rules, Precedent
Frye standard
Daubert standard
Scott Gilbert Calculating Damages
35. Scienti鍖c Evidence
Standards, Rules, Precedent
Frye standard
Daubert standard
Federal Rules of Evidence (702)
Scott Gilbert Calculating Damages
36. Scienti鍖c Evidence
Standards, Rules, Precedent
Frye standard
Daubert standard
Federal Rules of Evidence (702)
Jones & Laughlin Steel Corp. v. Pfeifer, 103 S. Ct 2541 (1983)
Scott Gilbert Calculating Damages
37. Scienti鍖c Evidence
Standards, Rules, Precedent
Frye standard
Daubert standard
Federal Rules of Evidence (702)
Jones & Laughlin Steel Corp. v. Pfeifer, 103 S. Ct 2541 (1983)
Reference Manual on Scienti鍖c Evidence
Scott Gilbert Calculating Damages
38. Is an Economics Expert Right for your Case?
Checklist
Do I have a high-stakes case?
Scott Gilbert Calculating Damages
39. Is an Economics Expert Right for your Case?
Checklist
Do I have a high-stakes case?
Do I face signi鍖cant risk, in terms of jury award of economic
damages?
Scott Gilbert Calculating Damages
40. Is an Economics Expert Right for your Case?
Checklist
Do I have a high-stakes case?
Do I face signi鍖cant risk, in terms of jury award of economic
damages?
Do I know how to 鍖nd a good economics expert?
Scott Gilbert Calculating Damages
41. Is an Economics Expert Right for your Case?
Checklist
Do I have a high-stakes case?
Do I face signi鍖cant risk, in terms of jury award of economic
damages?
Do I know how to 鍖nd a good economics expert?
Can I a鍖ord several $1, 000s for such an expert?
Scott Gilbert Calculating Damages
42. Is an Economics Expert Right for your Case?
Checklist
Do I have a high-stakes case?
Do I face signi鍖cant risk, in terms of jury award of economic
damages?
Do I know how to 鍖nd a good economics expert?
Can I a鍖ord several $1, 000s for such an expert?
Can I work e鍖ectively with an economics expert?
Scott Gilbert Calculating Damages
43. Is an Economics Expert Right for your Case?
Checklist
Do I have a high-stakes case?
Do I face signi鍖cant risk, in terms of jury award of economic
damages?
Do I know how to 鍖nd a good economics expert?
Can I a鍖ord several $1, 000s for such an expert?
Can I work e鍖ectively with an economics expert?
If yes to all of the above, then hire an econ. expert.
Scott Gilbert Calculating Damages