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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
Objectives



      Explain the general circumstances in which lawyers use
      economics experts in their cases.




                         Scott Gilbert   Calculating Damages
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
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
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
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
About Me

  Scott Gilbert

  Background
      Ph.D. in economics, University of California San Diego




  Court Experience




                         Scott Gilbert   Calculating Damages
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
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
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
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
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
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
High-Stakes Cases



  Key Elements
      economic damages: $$$



  Role of the Economist




                      Scott Gilbert   Calculating Damages
High-Stakes Cases



  Key Elements
      economic damages: $$$
      risk averse lawyers

  Role of the Economist




                            Scott Gilbert   Calculating Damages
High-Stakes Cases



  Key Elements
      economic damages: $$$
      risk averse lawyers

  Role of the Economist
      discovery, forensic economics




                            Scott Gilbert   Calculating Damages
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
The Big Personal Injury Case



  Economic Loss Elements
      medical costs




  Role of the Economist




                      Scott Gilbert   Calculating Damages
The Big Personal Injury Case



  Economic Loss Elements
      medical costs
      earnings loss



  Role of the Economist




                      Scott Gilbert   Calculating Damages
The Big Personal Injury Case



  Economic Loss Elements
      medical costs
      earnings loss
      household productivity loss

  Role of the Economist




                         Scott Gilbert   Calculating Damages
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
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
You and the Forensic Economist




  Working Together
     fees




                     Scott Gilbert   Calculating Damages
You and the Forensic Economist




  Working Together
     fees
     documents




                     Scott Gilbert   Calculating Damages
You and the Forensic Economist




  Working Together
     fees
     documents
     discussion




                     Scott Gilbert   Calculating Damages
You and the Forensic Economist




  Working Together
     fees
     documents
     discussion
     report




                     Scott Gilbert   Calculating Damages
You and the Forensic Economist




  Working Together
     fees
     documents
     discussion
     report
     testimony




                     Scott Gilbert   Calculating Damages
What Your Economist is Thinking




  Ideas
      make-whole principle




                        Scott Gilbert   Calculating Damages
What Your Economist is Thinking




  Ideas
      make-whole principle
      observed versus but-for wellbeing




                         Scott Gilbert   Calculating Damages
What Your Economist is Thinking




  Ideas
      make-whole principle
      observed versus but-for wellbeing
      present values: observed minus but-for




                         Scott Gilbert   Calculating Damages
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
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
Scienti鍖c Evidence




  Standards, Rules, Precedent
      Frye standard




                       Scott Gilbert   Calculating Damages
Scienti鍖c Evidence




  Standards, Rules, Precedent
      Frye standard
      Daubert standard




                         Scott Gilbert   Calculating Damages
Scienti鍖c Evidence




  Standards, Rules, Precedent
      Frye standard
      Daubert standard
      Federal Rules of Evidence (702)




                         Scott Gilbert   Calculating Damages
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
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
Is an Economics Expert Right for your Case?



  Checklist
      Do I have a high-stakes case?




                        Scott Gilbert   Calculating Damages
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
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
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
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
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
Questions




                            ?


            Scott Gilbert       Calculating Damages

More Related Content

Iicle slides gilbert

  • 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
  • 44. Questions ? Scott Gilbert Calculating Damages