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The Numbers, Studies and Statistics Behind a
  Personal Injury/Wrongful Death Economic
              Damages Analysis

     Presented by:
     Robert Vance, CPA, ABV, CFF, CVA, CFP
     Forensic & Valuation Services, PLC
     901-507-9173
     www.ForensicVal.com
     rvance@ForensicVal.com
SOURCES OF INFORMATION
   Determining Economic Damages, James
    Publishing, Gerald Martin, Ph.D.
   ValuSource.com is beta testing Advocate Personal
    Injury Economist, Employment Law Economist
    and Wrongful Death Economist
   National Association for Forensic Economists
    www.nafe.net which publishes the Journal of
    Forensic Economics
   A number of studies and websites will be referenced
    throughout
WHAT IS DISCOUNTING TO PRESENT VALUE?
The process of converting future cash flow(s)
 into a current, present value, lump-sum figure
Cash flows are discounted to account for the
 “Time Value of Money”
                       End of Year
    0           +1         +2         +3      +4
         3%
              $1,000     $1,000      $1,000
  $970.87
  $942.60
  $915.14

 $2,828.61 = PVA3
WHY DOES PRESENT VALUE MATTER?


 Economic losses are calculated to the “Present
  Value” to quantify a steady stream of lost past
  and lost future income into a single, lump-sum
  figure for settlement or award purposes
 The Present Value of the economic losses is
  “The Replacement Value of a Life”
THE REPLACEMENT VALUE OF A LIFE


Essential Elements
  1.   Loss of Earning Capacity that would have been
       earned from jobs or occupations, less mitigating
       earnings, if any
  2.   Loss of Fringe Benefits that are part of the jobs
       or occupational income streams
  3.   Loss of Household Services that would have
       been performed, less services still able to
       perform
THE REPLACEMENT VALUE OF A LIFE


Essential Elements
  4.   Medical & Rehabilitation Bills incurred in the
       past plus estimates of future bills from a Life
       Care Plan
  5.   Discount all Losses to Present Value, usually to
       the Trial Date
TIMELINE FOR A DAMAGES ANALYSIS

Loss of Earning Capacity & Loss of Fringe Benefits

Loss of Household Services & Medical Bills


 Injury     Trial              Worklife                 Life
  Date      Date              Expectancy             Expectancy




       Past or                Future or
      Pre-Trial               Post-Trial
Essential Elements

1. LOSS OF EARNING CAPACITY

a)   Establish the earnings base/earning capacity
     (what was earned or could have been earned)
b)   Over Worklife Expectancy from date of injury
        Source:
         • “The Markov Process Model of Labor Force Activity:
           Extended Tables of Central Tendency, Shape, Percentile
           Points, and Bootstrap Standard Errors” (Skoog & Ciecka)
           Journal of Forensic Economics 22(2), 2011, pp.165-229
           © 2011 by the National Assoc. of Forensic Economics
           Gary R. Skoog, James E. Ciecka and Kurt V. Krueger
Essential Elements

1. LOSS OF EARNING CAPACITY

c)   Inflation often removed from earnings
     increases (and correspondingly from the
     discount rate) under the “Constant Dollar”
     method
d)   Earnings based on education, training &
     experience
        Consider promotions & career ladder at employer
        Age, health, intelligence & record of employment
Essential Elements

1. LOSS OF EARNING CAPACITY

f)   Deduct the mitigating earnings still able to
     earn
g)   Taxes are not usually deducted
h)   Injury or death of a child
        No work history and usually not married & no children
        Project earnings based upon a survey of family
         educational background and socio-economic status
Joan Smith
                                                                                        10-30-95
                                                                                        12-20-06




                               Gregory Smith - Father
                                                                                                                                   Allison Smith - Mother
                                     BA - Business
                                                                                                                                        Assoc Degree
                                Assoc Degree / Navy
                                                                                                                                 Asst Mgr – Diet Consultant
                            District Market Mgr ($50,000)




                                                Carol Nesmith (sister) (Nashville, TN)                       Susan White (sister)
      David Smith (brother)
                                                              PhD – Law                                  Assoc – Applied Science
      (Deerfield Beach, FL)
                                               BS – Nursing / Assoc – Applied Sciences                Certified Diagnostic Sonography
MS – Computer IS / BA – Accounting
                                                        Atty at Law ($50,000)                        RT(R),RDMS,RVT,RCS ($91,000)
   Chief Ops Officer ($100,000)




                                                 Thomas Nesmith (brother-in-law)                    Mike White (brother-in-law) (Age 39)
   Margaret Smith (sister-in-law)
                                                           PhD – Medicine                                      BA – Marketing
         BA – Journalism
                                                            BS – Biology                                 Assoc – Electronic Tech
    Special Events Coordinator
                                                Chief of Vascular Surgery ($800,000)                    Facility Ops Spvr ($57,000)




           Eugene Smith                                                                                                                                     Alma Sue Elway
                                                                                                             Thomas Elway
           BS – Econ/Fin                           Wilma Jean Smith Assoc Degree                                                                             BA – Sociology
                                                                                                        PhD – Veterinary / Army
          MA – Education                            Teacher / Child Care Provider                                                                      Teacher / Social Case Worker
                                                                                                Medical Officer – US Dept Agr ($73,000)
    Bus/IT Instructor ($100,000)




                      Sara Smith                                       RE Smith
                    BA – Education                                 Owner / Operator
                       Teacher                                 RT Smith Lumber Company




                      Elijah Smith
                                                                   Raymond Smith
                    MS - Business
                                                                   Owner / Operator
                    BA – Business
                                                               RT Smith Lumber Company
                   Business Manager
Joan Smith
Family Member Education and Income Summary
                                                                                                                                                                              Annual Value Annual Value
                                                                 Annual                                                                                                Weekly      in       Indexed to Future
Occupation                                    SOC Co d e         Wage                     Salary and Education Attainment Table**                                      Hours 2005 Dollars Future Year Year
Attorney                                        2 3 10 11           50,000                Wage and Salary Workers (Part-Time) High School                                  20                 12,818              14,019   2014
Business Manager                                119 19 9            65,430       *        Wage and Salary Workers (Full-Time) Some College                                 40                 29,640              33,068   2016
Business/IT Instructor                          2 510 11           100,000                Wage and Salary Workers (Full-Time) Bachelor's                                   40                 42,276              48,114   2018
Certified Diagnostic Sonography                2 9 112 4            91,000                Wage and Salary Workers (Full-Time) Bachelor's/Advanced                          40                 51,116              60,537   2022
Chief of Vascular Surgery                      2 9 10 6 7          800,000
Chief Operating Officer                         1110 11            100,000                **Current Population Survey, U.S. Department of Labor, Bureau of Labor Statistics, T able 17: Median usual weekly earnings
CPA                                             13 2 0 11           43,650       *          of full-time wage and salary workers 25 years and over by educational attainment and sex, 2005 annual averages.
Diet Consultant                                2 9 10 3 1           40,080       *

District Market Manager                        112 0 2 2            50,000
Electrical Engineer                             172 0 71            59,730       *

Facility Operations Supervisor                  119 19 9            57,000                                    The use of government statistical wage and salary earnings is justified
Marketing Manager                               112 0 2 1           89,380       *                          given that the family history of annual earnings on average is in fact higher.
Medical Office Manager                          119 111             66,740       *

Medical Officer                                 119 111             73,000
Owner / Operator                                1110 2 1            50,000       *

Owner / Operator                                1110 2 1            50,000       *

Special Events Coordinator                      13 112 1            42,230       *

Teacher                                        2 52 0 2 1           45,560       *

Teacher                                        2 52 0 2 1           45,560       *

Teacher / Child Care Provider                  2 53 0 9 9           34,540       *

Teacher / Social Case Worker                   2 53 0 9 9           34,540       *

VP of Marketing                                 112 0 2 1          126,470       *

Average Annual Wage                                                 96,132

*Occupational wage information provided by U.S. Department of Labor, Bureau of Labor
 Statistics, May 2005, Annual Median Wage, Area T N-MS-AR; otherwise by family members.




          Degree(s) Held by Family Members
 High School Associates      Bachelor's  Advanced
      22           6            18          9
    100%         27%           82%         41%
Essential Elements

1. LOSS OF EARNING CAPACITY

h)   Sources of Income Data:
        W-2s, 1040s, paystubs, depos of family
        Government surveys and statistics
         • Bureau of Labor Statistics, Department of
           Labor, “Occupational Employment Statistics (OES)
           Survey” http:/stat.bls.gov/oes/home.htm
         • US Dept. of Commerce, Bureau of the Census: “Money
           Income of Households…Money Earnings by Sex, Age &
           Education,” & “US Industry & Trade Outlook”
Essential Elements

1. LOSS OF EARNING CAPACITY

h)   Sources of Income Data (cont’d):
        A vocational rehabilitation expert (also: impairment)
        Industry specific
         • Accounting: American Institute of CPAs, Robert Half &
           Assoc.
         • Legal: ABA, Altman Weil, Inc., FindLaw.com

         • Medical: AMA, Medical Group Management
           Assoc., Medical Economics
         • Military: Military.com
Essential Elements

1. LOSS OF EARNING CAPACITY

i)   Personal Consumption - in WD
     cases, generally subtract a % (might justify
     the lower Personal Maintenance)
        Purchases made by an individual family member
         exclusively for his or her own benefit, such as
         haircuts, food, clothes, toiletries, jewelry, medical
         expenses, etc.
        The amount of income that would have gone toward the
         consumption of the decedent is usually subtracted from
         the projected lost income
Essential Elements

1. LOSS OF EARNING CAPACITY

i)   Personal Consumption (cont’d)
        Assumptions often made for the number of persons in a
         household as this impacts the % consumed
        Income level usually affects the % consumed
        Source:
         •   “Patton-Nelson Personal Consumption Tables 2005-06”
             Journal of Forensic Economics 20(3), 2007, pp. 217-225
             ©2009 by the National Assoc. of Forensic Economics
             Michael R. Ruble, Robert T. Patton, and David M. Nelson
Essential Elements

2. LOSS OF FRINGE BENEFITS

a)   Part of the job or occupation
b)   Expressed in the calculation as a % of gross
     lost Earning Capacity
c)   Can be 20% - 40%
Essential Elements

2. LOSS OF FRINGE BENEFITS
c)   Examples:
     11.7% Employer paid FICA, Unemployment & Worker’s
               Comp. (Legally-Required)
     11.6% Health & Other Insurance
      3.0% Retirement Plans
      9.8% Employer paid Holidays & Vacations
        ?  On-site Child Care & Meals
     36.1%
Traditional Fringe Benefits-Private Industry
Bureau of Labor Statistics Economic News Release, June 7, 2012, "Employer Costs for Employee Compensation",
March 2012, Table A. Relative importance of employer costs for employee compensation, All Workers.

Private Industry
  Paid leave                                        9.8%
  Health Insurance                                 11.0%
  Other Insurance                                   0.6%
  Defined contribution plan                         3.0%
  Legally required                                 11.7%
       Percentage of Wages                         36.1%

                                    Civilian Workers           Private Industry
                                  Comp.                Comp.
                                Component % of Wages Component % of Wages
    Wages and salaries             69.3%                70.3%
    Benefits                       30.7%                29.7%
                                  100.0%               100.0%

    Paid leave                      7.0%        10.1%         6.9%          9.8%
    Supplemental pay                2.4%         3.5%         2.9%          4.1%
    Health Insurance                8.5%        12.3%         7.7%         11.0%
    Other Insurance                 0.4%         0.6%         0.4%          0.6%
    Defined benefit plan            2.8%         4.0%         1.5%          2.1%
    Defined contribution plan       1.8%         2.6%         2.1%          3.0%
    Legally required                7.8%        11.3%         8.2%         11.7%
                                   30.7%        44.4%        29.7%         42.3%
Essential Elements

2. LOSS OF FRINGE BENEFITS

d)   Sources of fringe benefit data:
        Interview or depo of employer or family
        Government & private surveys & statistics
         • U.S. Department of Labor, the Bureau of Labor
           Statistics, in a study titled "Employer Costs for
           Employee Compensation, June 7, 2012
         • U.S. Research and Analysis Center, U.S. Chamber of
           Commerce , "The 2008 Employee Benefits Study"
Essential Elements

2. LOSS OF FRINGE BENEFITS

e)   Unvested or unconventional benefits
        Lucrative defined benefit pension plans
        Stock options
        Stock performance awards
        Unfunded retirement plans
        Deferred compensation plans
        Use of company vehicles
Essential Elements

3. LOSS OF HOUSEHOLD SERVICES

a)   Services that can no longer be performed due
     to injury or death
b)   Not just for the loss of a homemaker
c)   Include unpaid tasks that maintain and
     enhance the lives of those in household
        Cooking, Cleaning, Lawn care, Child care &
         transportation, Home & vehicle maintenance &
         repairs, Gardening, Shopping, etc.
Essential Elements

3. LOSS OF HOUSEHOLD SERVICES

d)   The loss, even though not directly compen-
     sated like regular employment, has value to
     the family nonetheless since the tasks will:
        Not be done at all or not as often
        Be done by someone else in the household (at the expense
         of other things the "someone else" might have been
         doing)
        Require outside assistance who may have to be
         compensated
Essential Elements

3. LOSS OF HOUSEHOLD SERVICES

e)   Valuation methods are generally based on
     hours spent times an hourly rate
        Opportunity Cost Method (reference to what the
         individual could have earned in the marketplace)
        Replacement Cost Method (reference to the cost to hire in
         the marketplace)
f)   Over the life expectancy
        Source: National Vital Statistics Reports
Essential Elements

3. LOSS OF HOUSEHOLD SERVICES

g)   Most do not keep a log of hours spent on
     household chores
h)   Source:
        “The Dollar Value of a Day”, Expectancy Data (estimated
         hours by chore along with hourly rates)
        www.expectancydata.com
Table 6. Married males that work full-time, wife does not work, youngest child ages 13 to 17
                                                                Dollar       Weekly Waking Hours                   Standard
                                               Weekly Hourly                                         Participation
                                                                Value Secondary      With                            Error
                         Time Use Category      Hours Value                                  At Home     Rate
                                                               of a Day Child Care Family                          Percent
Inside Housework                               0.87    $10.33   $1.28      0.00      0.46      0.87     14.6%       21.1%
Food Cooking & Clean-up                        1.29     9.86     1.81      0.00      0.80      1.10      30.1        15.5
Pets, Home & Vehicles                          5.05     12.11    8.74      0.00      2.01      4.81      38.9         9.2
Household Management                           0.76     15.02    1.63      0.00      0.38      0.58      25.4        15.8
Shopping                                       1.78     11.46    2.91      0.00      1.19      0.13      32.1        11.2
Obtaining Services                             0.10     13.18    0.18      0.00      0.02      0.05       2.3        26.4
Travel for Household Activity                  1.81     11.96    3.09      0.00      1.09      0.01      40.2         7.9
                        Household Production   11.65    11.81   19.65      0.00      5.95      7.55      78.3         5.6
Household Children                             1.26     11.01    1.99       n/a      1.08      0.56      22.3        18.4
Household Adults                               0.17     11.23    0.28      0.00      0.15      0.12       5.7        51.2
Non-Household Members                          0.68     11.39    1.10      0.00      0.42      0.27       8.5        32.2
Travel for Household Members                   0.63     13.15    1.18      0.00      0.47      0.00      15.4        10.6
Travel for Non-Household Members               0.30     13.15    0.56      0.00      0.17      0.00       8.0        19.5
                            Caring and Helping 3.04     11.76    5.10      0.00      2.30      0.96      30.8        11.5

   Table 35. Married females that are not in the labor force and not disabled, husband works,
                                               youngest child under age 13
                                                                      Dollar       Weekly   Waking Hours                   Standard
                                                   Weekly   Hourly                                           Participation
                                                                      Value Secondary        With                            Error
                          Time Use Category         Hours   Value                                    At Home     Rate
                                                                     of a Day Child Care    Family                         Percent
Inside Housework                                   12.29    $10.33    $18.14     8.75         6.21    11.99     79.6%        1.9%
Food Cooking & Clean-up                            9.98      9.86     14.06      7.93         5.72     9.80      89.4         1.2
Pets, Home & Vehicles                              2.39      12.11     4.13      1.74         1.51     2.13      24.0         4.2
Household Management                               1.48      15.02     3.17      1.00         0.85     1.25      30.1         4.5
Shopping                                           4.99      11.46     8.17      3.32         3.78     0.09      55.0         2.4
Obtaining Services                                 0.22      13.18     0.42      0.14         0.11     0.16       5.5        12.3
Travel for Household Activity                      2.81      11.96     4.81      1.90         2.23     0.07      58.1         2.4
                            Household Production   34.16     10.84    52.89     24.79        20.40    25.49      98.1         1.0
Household Children                                 19.94     11.01    31.37       n/a        19.42    16.95      88.4         1.3
Household Adults                                   0.24      11.23     0.38      0.13         0.19     0.13       7.9        12.6
Non-Household Members                              0.74      11.39     1.21      0.38         0.59     0.16      13.6        10.5
Travel for Household Members                       2.24      13.15     4.21      0.18         1.83     0.03      44.4         2.1
Travel for Non-Household Members                   0.37      13.15     0.69      0.20         0.27     0.00      11.5         5.0
                              Caring and Helping   23.54     11.26    37.87      0.89        22.30    17.27      89.9         1.2
 “The Dollar Value of a Day”, 2003
Essential Elements

4. MEDICAL AND REHABILITATION BILLS

a)   Bills already incurred
b)   Estimated future bills from a Life Care Plan
        Indexed using the Medical Price Index rather than the
         general Consumer Price Index
c)   Present valuing a Life Care Plan is often a
     separate engagement
Essential Elements

5. DISCOUNT ALL LOSSES TO PRESENT VALUE

a)   Pre-Trial Losses
         Calculate losses prior to Trial Date (past) and compound
          with interest to Present Value

     -1        Trial Date         +1             +2             +3
Essential Elements

5. DISCOUNT ALL LOSSES TO PRESENT VALUE

b)   Post-Trial Losses
         Calculate losses after Trial Date (future) and discount to
          Present Value

     -1        Trial Date          +1              +2              +3
Essential Elements

5. DISCOUNT ALL LOSSES TO PRESENT VALUE

c)   Discount Rate
        Using a “risk-free” rate (U.S. Treasury Bonds)
        The “best and safest investments” as per Jones and
         Laughlin Steel Corporation v. Howard E. Pfeifer (462
         U.S. 523; 1983; US Supreme Court)
        Inflation often removed from the discount rate (and
         correspondingly from earnings increases ) under the
         “Constant Dollar” method
        “Real” rate of interest thought to be around 2-3%
Bring the 5 Essential Elements Together
                                       Wrongful Death Economic Damages Report

                                                   Case Information

                     Plaintiff   James Smith                  "Injury" Date   08/23/2011
                          Sex    Male                         Age at Injury   41.4
                         Race    White                Injury Year Fraction    0.36
                    Birthdate    03/25/1970                Life Expectancy    38.1
        Worklife Expectancy      23.0        Age at End of Life Expectancy    79.5
             Retirement Age      64.4                     End of Life Date    9/28/2049
        End of Worklife Date     8/22/2034              Life Date Fraction    0.46
       Worklife Year Fraction    0.36                       Valuation Date    04/13/2013
               Discount Rate     1.8%                Assumed "Trial" Date     04/13/2013
                                                        Trial Year Fraction   0.28

                                                  Damages Summary
                                      Future Values             Present Values
       Type of Damage              Past           Future      Past           Future
                Income Loss         139,551        2,001,670   139,551       1,645,826
        Fringe Benefits Loss         62,473          960,200    62,473         785,952
  Household Production Loss          13,871          482,172    13,871         331,166
       Future Medical Costs                0               0          0              0
             Total Damages          215,895        3,444,042   215,895       2,762,944
       Grand Total Damages              3,659,937                  2,978,838
                    Rounded                                       2,979,000
Lost Earnings, Fringe Benefits, Household Services and Future Medical Costs
Exhibit A
                                                                                               Fringe Benefits                   Household Services
Pre-Trial                                           Earnings                                      See Ex. D                           See Ex. C               Total Annual Loss
            Pres.   Net      Net     Plaintiff Personal                            Plaintiff Plaintiff   Fringe      Fringe       Service                                        Bal.
   Year     Value Earnings Discount Would Have Cons.        Earnings    Earnings Would Have Did/Will     Benefit     Benefit      Value       Service              Pres. Value Pres. Val.
  Ending    Year Growth Rate         Earned    See Ex. B     Loss      Pres. Value Earned     Earn        Loss     Pres. Value     Loss     Pres. Value Total Loss Total Loss Total Loss
12/31/2011     0    3.1%    1.80%      36,894     (7,159)    29,735       29,735     13,319         0     13,319      13,319        3,040       3,040     46,093      46,093     46,093
12/31/2012     0    3.1%    0.00%     105,659    (20,502)    85,157       85,157     38,143         0     38,143      38,143        8,443       8,443    131,743     131,743    177,836
04/13/2013     0    3.1%    1.80%      30,502     (5,842)    24,660       24,660     11,011         0     11,011      11,011        2,388       2,388     38,059      38,059    215,895
Total Pre-Trial                       173,054    (33,503)   139,551      139,551     62,473         0     62,473      62,473       13,871      13,871    215,895     215,895

Post-Trial
04/13/2014     1    1.0%    1.80%     112,311    (21,328)    90,983    89,374    40,544             0    40,544       39,827        8,615       8,463   140,142   137,664        353,559
04/13/2015     2    1.0%    1.80%     113,434    (21,541)    91,893    88,672    40,950             0    40,950       39,514        8,701       8,396   141,544   136,582        490,141
04/13/2034 21       1.0%    1.80%     137,040    (37,746)    99,294    68,268    49,471             0    49,471       34,013       10,511       7,227   159,276   109,509      2,775,538
04/13/2035 22       1.0%    1.80%      49,828    (13,724)    36,104    24,384    17,988             0    17,988       12,149       10,618       7,171    64,710    43,704      2,819,242
04/12/2036 23       0.0%    1.80%           0          0          0         0         0             0         0            0       17,538      11,635    17,538    11,635      2,830,877
04/13/2037 24       0.0%    1.80%           0          0          0         0         0             0         0            0       17,714      11,544    17,714    11,544      2,842,421
04/13/2038 25       0.0%    1.80%           0          0          0         0         0             0         0            0       17,889      11,452    17,889    11,452      2,853,874
04/13/2039 26       0.0%    1.80%           0          0          0         0         0             0         0            0       18,065      11,360    18,065    11,360      2,865,234
04/12/2040 27       0.0%    1.80%           0          0          0         0         0             0         0            0       18,240      11,268    18,240    11,268      2,876,502
04/13/2041 28       0.0%    1.80%           0          0          0         0         0             0         0            0       18,428      11,183    18,428    11,183      2,887,684
04/13/2042 29       0.0%    1.80%           0          0          0         0         0             0         0            0       18,615      11,096    18,615    11,096      2,898,781
04/13/2043 30       0.0%    1.80%           0          0          0         0         0             0         0            0       18,802      11,010    18,802    11,010      2,909,790
04/12/2044 31       0.0%    1.80%           0          0          0         0         0             0         0            0       18,989      10,922    18,989    10,922      2,920,713
04/13/2045 32       0.0%    1.80%           0          0          0         0         0             0         0            0       19,176      10,835    19,176    10,835      2,931,548
04/13/2046 33       0.0%    1.80%           0          0          0         0         0             0         0            0       19,364      10,748    19,364    10,748      2,942,295
04/13/2047 34       0.0%    1.80%           0          0          0         0         0             0         0            0       19,562      10,666    19,562    10,666      2,952,961
04/12/2048 35       0.0%    1.80%           0          0          0         0         0             0         0            0       19,761      10,584    19,761    10,584      2,963,545
04/13/2049 36       0.0%    1.80%           0          0          0         0         0             0         0            0       19,960      10,501    19,960    10,501      2,974,046
09/28/2049 37       0.0%    1.80%           0          0          0         0         0             0         0            0        9,273       4,792     9,273     4,792      2,978,838
Total Post-Trial                    2,659,834   (658,164) 2,001,670 1,645,826   960,200             0   960,200      785,952      482,172     331,166 3,444,042 2,762,944
    Grand Totals                    2,832,888   (691,667) 2,141,221 1,785,377 1,022,673             0 1,022,673      848,425      496,043     345,037 3,659,937 2,978,838
Personal Consumption
Exhibit B
                                                      Earnings
             Pres.    Net    Plaintiff     Spouse       Total     Pct. Of
   Year      Value Earnings Would Have      Will       Family    Personal   Personal
  Ending     Year Growth      Earned        Earn      Earnings ConsumptionConsumption
12/31/2011     0     3.1%       36,894       27,599      64,493   11.1%         (7,159)
12/31/2012     0     3.1%      105,659       79,041     184,700   11.1%       (20,502)
04/13/2013     0     1.0%       30,502       22,131      52,633   11.1%         (5,842)
04/13/2014     1     1.0%      112,311       79,830     192,141   11.1%       (21,328)
04/13/2031    18     1.0%      133,010       94,543     227,553   16.1%       (36,636)
04/12/2032    19     1.0%      134,340       95,488     229,828   16.1%       (37,002)
04/13/2033    20     1.0%      135,683       96,443     232,126   16.1%       (37,372)
04/13/2034    21     1.0%      137,040       97,407     234,447   16.1%       (37,746)
04/13/2035    22     1.0%       49,828       35,417      85,245   16.1%       (13,724)
04/12/2036    23     1.0%              0                           0.0%              0
04/13/2037    24     0.0%              0                           0.0%              0
04/13/2038    25     0.0%              0                           0.0%              0
04/13/2039    26     0.0%              0                           0.0%              0
04/12/2040    27     0.0%              0                           0.0%              0
04/13/2041    28     0.0%              0                           0.0%              0
04/13/2042    29     0.0%              0                           0.0%              0
04/13/2043    30     0.0%              0                           0.0%              0
04/12/2044    31     0.0%              0                           0.0%              0
04/13/2045    32     0.0%              0                           0.0%              0
04/13/2046    33     0.0%              0                           0.0%              0
04/13/2047    34     0.0%              0                           0.0%              0
04/12/2048    35     0.0%              0                           0.0%              0
04/13/2049    36     0.0%              0                           0.0%              0
09/28/2049    37     0.0%              0                           0.0%              0
    Grand Totals            2,832,888                                       (691,667)
Lost Production of Household Services
Exhibit C
                                     Pre-Injury                                  Post-Injury
  Year     Pres.                  Hours               Total     Hours               Total    Lost      Present
 Ending Value Year      Status    Weekly Pay Rate    Services   Weekly   Pay Rate Services Services     Value
12/31/2011  0             A        13.8      11.80      3,040    0.0      11.80           0    3,040      3,040
12/31/2012  0             A        13.8      11.80      8,443    0.0      11.80           0    8,443      8,443
04/13/2013  0             A        13.8      11.92      2,388    0.0      11.92           0    2,388      2,388
04/13/2014  1             A        13.8      12.04      8,615    0.0      12.04           0    8,615      8,463
04/13/2031  18            A        13.8      14.26     10,203    0.0      14.26           0   10,203      7,401
04/12/2032  19            A        13.8      14.40     10,303    0.0      14.40           0   10,303      7,341
04/13/2033  20            A        13.8      14.54     10,404    0.0      14.54           0   10,404      7,282
04/13/2034  21            A        13.8      14.69     10,511    0.0      14.69           0   10,511      7,227
04/13/2035  22            A        13.8      14.84     10,618    0.0      14.84           0   10,618      7,171
04/12/2036  23            B        22.5      14.99     17,538    0.0      14.99           0   17,538     11,635
04/13/2037  24            B        22.5      15.14     17,714    0.0      15.14           0   17,714     11,544
04/13/2038  25            B        22.5      15.29     17,889    0.0      15.29           0   17,889     11,452
04/13/2039  26            B        22.5      15.44     18,065    0.0      15.44           0   18,065     11,360
04/12/2040  27            B        22.5      15.59     18,240    0.0      15.59           0   18,240     11,268
04/13/2041  28            B        22.5      15.75     18,428    0.0      15.75           0   18,428     11,183
04/13/2042  29            B        22.5      15.91     18,615    0.0      15.91           0   18,615     11,096
04/13/2043  30            B        22.5      16.07     18,802    0.0      16.07           0   18,802     11,010
04/12/2044  31            B        22.5      16.23     18,989    0.0      16.23           0   18,989     10,922
04/13/2045  32            B        22.5      16.39     19,176    0.0      16.39           0   19,176     10,835
04/13/2046  33            B        22.5      16.55     19,364    0.0      16.55           0   19,364     10,748
04/13/2047  34            B        22.5      16.72     19,562    0.0      16.72           0   19,562     10,666
04/12/2048  35            B        22.5      16.89     19,761    0.0      16.89           0   19,761     10,584
04/13/2049  36            B        22.5      17.06     19,960    0.0      17.06           0   19,960     10,501
09/28/2049  37            B        22.5      17.23      9,273    0.0      17.23           0    9,273      4,792
                                                     496,043                              0 496,043    345,037

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Personal Injury & Wrongful Death Economic Damages Analysis

  • 1. The Numbers, Studies and Statistics Behind a Personal Injury/Wrongful Death Economic Damages Analysis Presented by: Robert Vance, CPA, ABV, CFF, CVA, CFP Forensic & Valuation Services, PLC 901-507-9173 www.ForensicVal.com rvance@ForensicVal.com
  • 2. SOURCES OF INFORMATION  Determining Economic Damages, James Publishing, Gerald Martin, Ph.D.  ValuSource.com is beta testing Advocate Personal Injury Economist, Employment Law Economist and Wrongful Death Economist  National Association for Forensic Economists www.nafe.net which publishes the Journal of Forensic Economics  A number of studies and websites will be referenced throughout
  • 3. WHAT IS DISCOUNTING TO PRESENT VALUE? The process of converting future cash flow(s) into a current, present value, lump-sum figure Cash flows are discounted to account for the “Time Value of Money” End of Year 0 +1 +2 +3 +4 3% $1,000 $1,000 $1,000 $970.87 $942.60 $915.14 $2,828.61 = PVA3
  • 4. WHY DOES PRESENT VALUE MATTER?  Economic losses are calculated to the “Present Value” to quantify a steady stream of lost past and lost future income into a single, lump-sum figure for settlement or award purposes  The Present Value of the economic losses is “The Replacement Value of a Life”
  • 5. THE REPLACEMENT VALUE OF A LIFE Essential Elements 1. Loss of Earning Capacity that would have been earned from jobs or occupations, less mitigating earnings, if any 2. Loss of Fringe Benefits that are part of the jobs or occupational income streams 3. Loss of Household Services that would have been performed, less services still able to perform
  • 6. THE REPLACEMENT VALUE OF A LIFE Essential Elements 4. Medical & Rehabilitation Bills incurred in the past plus estimates of future bills from a Life Care Plan 5. Discount all Losses to Present Value, usually to the Trial Date
  • 7. TIMELINE FOR A DAMAGES ANALYSIS Loss of Earning Capacity & Loss of Fringe Benefits Loss of Household Services & Medical Bills Injury Trial Worklife Life Date Date Expectancy Expectancy Past or Future or Pre-Trial Post-Trial
  • 8. Essential Elements 1. LOSS OF EARNING CAPACITY a) Establish the earnings base/earning capacity (what was earned or could have been earned) b) Over Worklife Expectancy from date of injury  Source: • “The Markov Process Model of Labor Force Activity: Extended Tables of Central Tendency, Shape, Percentile Points, and Bootstrap Standard Errors” (Skoog & Ciecka) Journal of Forensic Economics 22(2), 2011, pp.165-229 © 2011 by the National Assoc. of Forensic Economics Gary R. Skoog, James E. Ciecka and Kurt V. Krueger
  • 9.
  • 10.
  • 11. Essential Elements 1. LOSS OF EARNING CAPACITY c) Inflation often removed from earnings increases (and correspondingly from the discount rate) under the “Constant Dollar” method d) Earnings based on education, training & experience  Consider promotions & career ladder at employer  Age, health, intelligence & record of employment
  • 12. Essential Elements 1. LOSS OF EARNING CAPACITY f) Deduct the mitigating earnings still able to earn g) Taxes are not usually deducted h) Injury or death of a child  No work history and usually not married & no children  Project earnings based upon a survey of family educational background and socio-economic status
  • 13. Joan Smith 10-30-95 12-20-06 Gregory Smith - Father Allison Smith - Mother BA - Business Assoc Degree Assoc Degree / Navy Asst Mgr – Diet Consultant District Market Mgr ($50,000) Carol Nesmith (sister) (Nashville, TN) Susan White (sister) David Smith (brother) PhD – Law Assoc – Applied Science (Deerfield Beach, FL) BS – Nursing / Assoc – Applied Sciences Certified Diagnostic Sonography MS – Computer IS / BA – Accounting Atty at Law ($50,000) RT(R),RDMS,RVT,RCS ($91,000) Chief Ops Officer ($100,000) Thomas Nesmith (brother-in-law) Mike White (brother-in-law) (Age 39) Margaret Smith (sister-in-law) PhD – Medicine BA – Marketing BA – Journalism BS – Biology Assoc – Electronic Tech Special Events Coordinator Chief of Vascular Surgery ($800,000) Facility Ops Spvr ($57,000) Eugene Smith Alma Sue Elway Thomas Elway BS – Econ/Fin Wilma Jean Smith Assoc Degree BA – Sociology PhD – Veterinary / Army MA – Education Teacher / Child Care Provider Teacher / Social Case Worker Medical Officer – US Dept Agr ($73,000) Bus/IT Instructor ($100,000) Sara Smith RE Smith BA – Education Owner / Operator Teacher RT Smith Lumber Company Elijah Smith Raymond Smith MS - Business Owner / Operator BA – Business RT Smith Lumber Company Business Manager
  • 14. Joan Smith Family Member Education and Income Summary Annual Value Annual Value Annual Weekly in Indexed to Future Occupation SOC Co d e Wage Salary and Education Attainment Table** Hours 2005 Dollars Future Year Year Attorney 2 3 10 11 50,000 Wage and Salary Workers (Part-Time) High School 20 12,818 14,019 2014 Business Manager 119 19 9 65,430 * Wage and Salary Workers (Full-Time) Some College 40 29,640 33,068 2016 Business/IT Instructor 2 510 11 100,000 Wage and Salary Workers (Full-Time) Bachelor's 40 42,276 48,114 2018 Certified Diagnostic Sonography 2 9 112 4 91,000 Wage and Salary Workers (Full-Time) Bachelor's/Advanced 40 51,116 60,537 2022 Chief of Vascular Surgery 2 9 10 6 7 800,000 Chief Operating Officer 1110 11 100,000 **Current Population Survey, U.S. Department of Labor, Bureau of Labor Statistics, T able 17: Median usual weekly earnings CPA 13 2 0 11 43,650 * of full-time wage and salary workers 25 years and over by educational attainment and sex, 2005 annual averages. Diet Consultant 2 9 10 3 1 40,080 * District Market Manager 112 0 2 2 50,000 Electrical Engineer 172 0 71 59,730 * Facility Operations Supervisor 119 19 9 57,000 The use of government statistical wage and salary earnings is justified Marketing Manager 112 0 2 1 89,380 * given that the family history of annual earnings on average is in fact higher. Medical Office Manager 119 111 66,740 * Medical Officer 119 111 73,000 Owner / Operator 1110 2 1 50,000 * Owner / Operator 1110 2 1 50,000 * Special Events Coordinator 13 112 1 42,230 * Teacher 2 52 0 2 1 45,560 * Teacher 2 52 0 2 1 45,560 * Teacher / Child Care Provider 2 53 0 9 9 34,540 * Teacher / Social Case Worker 2 53 0 9 9 34,540 * VP of Marketing 112 0 2 1 126,470 * Average Annual Wage 96,132 *Occupational wage information provided by U.S. Department of Labor, Bureau of Labor Statistics, May 2005, Annual Median Wage, Area T N-MS-AR; otherwise by family members. Degree(s) Held by Family Members High School Associates Bachelor's Advanced 22 6 18 9 100% 27% 82% 41%
  • 15. Essential Elements 1. LOSS OF EARNING CAPACITY h) Sources of Income Data:  W-2s, 1040s, paystubs, depos of family  Government surveys and statistics • Bureau of Labor Statistics, Department of Labor, “Occupational Employment Statistics (OES) Survey” http:/stat.bls.gov/oes/home.htm • US Dept. of Commerce, Bureau of the Census: “Money Income of Households…Money Earnings by Sex, Age & Education,” & “US Industry & Trade Outlook”
  • 16. Essential Elements 1. LOSS OF EARNING CAPACITY h) Sources of Income Data (cont’d):  A vocational rehabilitation expert (also: impairment)  Industry specific • Accounting: American Institute of CPAs, Robert Half & Assoc. • Legal: ABA, Altman Weil, Inc., FindLaw.com • Medical: AMA, Medical Group Management Assoc., Medical Economics • Military: Military.com
  • 17. Essential Elements 1. LOSS OF EARNING CAPACITY i) Personal Consumption - in WD cases, generally subtract a % (might justify the lower Personal Maintenance)  Purchases made by an individual family member exclusively for his or her own benefit, such as haircuts, food, clothes, toiletries, jewelry, medical expenses, etc.  The amount of income that would have gone toward the consumption of the decedent is usually subtracted from the projected lost income
  • 18. Essential Elements 1. LOSS OF EARNING CAPACITY i) Personal Consumption (cont’d)  Assumptions often made for the number of persons in a household as this impacts the % consumed  Income level usually affects the % consumed  Source: • “Patton-Nelson Personal Consumption Tables 2005-06” Journal of Forensic Economics 20(3), 2007, pp. 217-225 ©2009 by the National Assoc. of Forensic Economics Michael R. Ruble, Robert T. Patton, and David M. Nelson
  • 19.
  • 20. Essential Elements 2. LOSS OF FRINGE BENEFITS a) Part of the job or occupation b) Expressed in the calculation as a % of gross lost Earning Capacity c) Can be 20% - 40%
  • 21. Essential Elements 2. LOSS OF FRINGE BENEFITS c) Examples: 11.7% Employer paid FICA, Unemployment & Worker’s Comp. (Legally-Required) 11.6% Health & Other Insurance 3.0% Retirement Plans 9.8% Employer paid Holidays & Vacations ? On-site Child Care & Meals 36.1%
  • 22. Traditional Fringe Benefits-Private Industry Bureau of Labor Statistics Economic News Release, June 7, 2012, "Employer Costs for Employee Compensation", March 2012, Table A. Relative importance of employer costs for employee compensation, All Workers. Private Industry Paid leave 9.8% Health Insurance 11.0% Other Insurance 0.6% Defined contribution plan 3.0% Legally required 11.7% Percentage of Wages 36.1% Civilian Workers Private Industry Comp. Comp. Component % of Wages Component % of Wages Wages and salaries 69.3% 70.3% Benefits 30.7% 29.7% 100.0% 100.0% Paid leave 7.0% 10.1% 6.9% 9.8% Supplemental pay 2.4% 3.5% 2.9% 4.1% Health Insurance 8.5% 12.3% 7.7% 11.0% Other Insurance 0.4% 0.6% 0.4% 0.6% Defined benefit plan 2.8% 4.0% 1.5% 2.1% Defined contribution plan 1.8% 2.6% 2.1% 3.0% Legally required 7.8% 11.3% 8.2% 11.7% 30.7% 44.4% 29.7% 42.3%
  • 23. Essential Elements 2. LOSS OF FRINGE BENEFITS d) Sources of fringe benefit data:  Interview or depo of employer or family  Government & private surveys & statistics • U.S. Department of Labor, the Bureau of Labor Statistics, in a study titled "Employer Costs for Employee Compensation, June 7, 2012 • U.S. Research and Analysis Center, U.S. Chamber of Commerce , "The 2008 Employee Benefits Study"
  • 24. Essential Elements 2. LOSS OF FRINGE BENEFITS e) Unvested or unconventional benefits  Lucrative defined benefit pension plans  Stock options  Stock performance awards  Unfunded retirement plans  Deferred compensation plans  Use of company vehicles
  • 25. Essential Elements 3. LOSS OF HOUSEHOLD SERVICES a) Services that can no longer be performed due to injury or death b) Not just for the loss of a homemaker c) Include unpaid tasks that maintain and enhance the lives of those in household  Cooking, Cleaning, Lawn care, Child care & transportation, Home & vehicle maintenance & repairs, Gardening, Shopping, etc.
  • 26. Essential Elements 3. LOSS OF HOUSEHOLD SERVICES d) The loss, even though not directly compen- sated like regular employment, has value to the family nonetheless since the tasks will:  Not be done at all or not as often  Be done by someone else in the household (at the expense of other things the "someone else" might have been doing)  Require outside assistance who may have to be compensated
  • 27. Essential Elements 3. LOSS OF HOUSEHOLD SERVICES e) Valuation methods are generally based on hours spent times an hourly rate  Opportunity Cost Method (reference to what the individual could have earned in the marketplace)  Replacement Cost Method (reference to the cost to hire in the marketplace) f) Over the life expectancy  Source: National Vital Statistics Reports
  • 28. Essential Elements 3. LOSS OF HOUSEHOLD SERVICES g) Most do not keep a log of hours spent on household chores h) Source:  “The Dollar Value of a Day”, Expectancy Data (estimated hours by chore along with hourly rates)  www.expectancydata.com
  • 29. Table 6. Married males that work full-time, wife does not work, youngest child ages 13 to 17 Dollar Weekly Waking Hours Standard Weekly Hourly Participation Value Secondary With Error Time Use Category Hours Value At Home Rate of a Day Child Care Family Percent Inside Housework 0.87 $10.33 $1.28 0.00 0.46 0.87 14.6% 21.1% Food Cooking & Clean-up 1.29 9.86 1.81 0.00 0.80 1.10 30.1 15.5 Pets, Home & Vehicles 5.05 12.11 8.74 0.00 2.01 4.81 38.9 9.2 Household Management 0.76 15.02 1.63 0.00 0.38 0.58 25.4 15.8 Shopping 1.78 11.46 2.91 0.00 1.19 0.13 32.1 11.2 Obtaining Services 0.10 13.18 0.18 0.00 0.02 0.05 2.3 26.4 Travel for Household Activity 1.81 11.96 3.09 0.00 1.09 0.01 40.2 7.9 Household Production 11.65 11.81 19.65 0.00 5.95 7.55 78.3 5.6 Household Children 1.26 11.01 1.99 n/a 1.08 0.56 22.3 18.4 Household Adults 0.17 11.23 0.28 0.00 0.15 0.12 5.7 51.2 Non-Household Members 0.68 11.39 1.10 0.00 0.42 0.27 8.5 32.2 Travel for Household Members 0.63 13.15 1.18 0.00 0.47 0.00 15.4 10.6 Travel for Non-Household Members 0.30 13.15 0.56 0.00 0.17 0.00 8.0 19.5 Caring and Helping 3.04 11.76 5.10 0.00 2.30 0.96 30.8 11.5 Table 35. Married females that are not in the labor force and not disabled, husband works, youngest child under age 13 Dollar Weekly Waking Hours Standard Weekly Hourly Participation Value Secondary With Error Time Use Category Hours Value At Home Rate of a Day Child Care Family Percent Inside Housework 12.29 $10.33 $18.14 8.75 6.21 11.99 79.6% 1.9% Food Cooking & Clean-up 9.98 9.86 14.06 7.93 5.72 9.80 89.4 1.2 Pets, Home & Vehicles 2.39 12.11 4.13 1.74 1.51 2.13 24.0 4.2 Household Management 1.48 15.02 3.17 1.00 0.85 1.25 30.1 4.5 Shopping 4.99 11.46 8.17 3.32 3.78 0.09 55.0 2.4 Obtaining Services 0.22 13.18 0.42 0.14 0.11 0.16 5.5 12.3 Travel for Household Activity 2.81 11.96 4.81 1.90 2.23 0.07 58.1 2.4 Household Production 34.16 10.84 52.89 24.79 20.40 25.49 98.1 1.0 Household Children 19.94 11.01 31.37 n/a 19.42 16.95 88.4 1.3 Household Adults 0.24 11.23 0.38 0.13 0.19 0.13 7.9 12.6 Non-Household Members 0.74 11.39 1.21 0.38 0.59 0.16 13.6 10.5 Travel for Household Members 2.24 13.15 4.21 0.18 1.83 0.03 44.4 2.1 Travel for Non-Household Members 0.37 13.15 0.69 0.20 0.27 0.00 11.5 5.0 Caring and Helping 23.54 11.26 37.87 0.89 22.30 17.27 89.9 1.2 “The Dollar Value of a Day”, 2003
  • 30. Essential Elements 4. MEDICAL AND REHABILITATION BILLS a) Bills already incurred b) Estimated future bills from a Life Care Plan  Indexed using the Medical Price Index rather than the general Consumer Price Index c) Present valuing a Life Care Plan is often a separate engagement
  • 31. Essential Elements 5. DISCOUNT ALL LOSSES TO PRESENT VALUE a) Pre-Trial Losses  Calculate losses prior to Trial Date (past) and compound with interest to Present Value -1 Trial Date +1 +2 +3
  • 32. Essential Elements 5. DISCOUNT ALL LOSSES TO PRESENT VALUE b) Post-Trial Losses  Calculate losses after Trial Date (future) and discount to Present Value -1 Trial Date +1 +2 +3
  • 33. Essential Elements 5. DISCOUNT ALL LOSSES TO PRESENT VALUE c) Discount Rate  Using a “risk-free” rate (U.S. Treasury Bonds)  The “best and safest investments” as per Jones and Laughlin Steel Corporation v. Howard E. Pfeifer (462 U.S. 523; 1983; US Supreme Court)  Inflation often removed from the discount rate (and correspondingly from earnings increases ) under the “Constant Dollar” method  “Real” rate of interest thought to be around 2-3%
  • 34. Bring the 5 Essential Elements Together Wrongful Death Economic Damages Report Case Information Plaintiff James Smith "Injury" Date 08/23/2011 Sex Male Age at Injury 41.4 Race White Injury Year Fraction 0.36 Birthdate 03/25/1970 Life Expectancy 38.1 Worklife Expectancy 23.0 Age at End of Life Expectancy 79.5 Retirement Age 64.4 End of Life Date 9/28/2049 End of Worklife Date 8/22/2034 Life Date Fraction 0.46 Worklife Year Fraction 0.36 Valuation Date 04/13/2013 Discount Rate 1.8% Assumed "Trial" Date 04/13/2013 Trial Year Fraction 0.28 Damages Summary Future Values Present Values Type of Damage Past Future Past Future Income Loss 139,551 2,001,670 139,551 1,645,826 Fringe Benefits Loss 62,473 960,200 62,473 785,952 Household Production Loss 13,871 482,172 13,871 331,166 Future Medical Costs 0 0 0 0 Total Damages 215,895 3,444,042 215,895 2,762,944 Grand Total Damages 3,659,937 2,978,838 Rounded 2,979,000
  • 35. Lost Earnings, Fringe Benefits, Household Services and Future Medical Costs Exhibit A Fringe Benefits Household Services Pre-Trial Earnings See Ex. D See Ex. C Total Annual Loss Pres. Net Net Plaintiff Personal Plaintiff Plaintiff Fringe Fringe Service Bal. Year Value Earnings Discount Would Have Cons. Earnings Earnings Would Have Did/Will Benefit Benefit Value Service Pres. Value Pres. Val. Ending Year Growth Rate Earned See Ex. B Loss Pres. Value Earned Earn Loss Pres. Value Loss Pres. Value Total Loss Total Loss Total Loss 12/31/2011 0 3.1% 1.80% 36,894 (7,159) 29,735 29,735 13,319 0 13,319 13,319 3,040 3,040 46,093 46,093 46,093 12/31/2012 0 3.1% 0.00% 105,659 (20,502) 85,157 85,157 38,143 0 38,143 38,143 8,443 8,443 131,743 131,743 177,836 04/13/2013 0 3.1% 1.80% 30,502 (5,842) 24,660 24,660 11,011 0 11,011 11,011 2,388 2,388 38,059 38,059 215,895 Total Pre-Trial 173,054 (33,503) 139,551 139,551 62,473 0 62,473 62,473 13,871 13,871 215,895 215,895 Post-Trial 04/13/2014 1 1.0% 1.80% 112,311 (21,328) 90,983 89,374 40,544 0 40,544 39,827 8,615 8,463 140,142 137,664 353,559 04/13/2015 2 1.0% 1.80% 113,434 (21,541) 91,893 88,672 40,950 0 40,950 39,514 8,701 8,396 141,544 136,582 490,141 04/13/2034 21 1.0% 1.80% 137,040 (37,746) 99,294 68,268 49,471 0 49,471 34,013 10,511 7,227 159,276 109,509 2,775,538 04/13/2035 22 1.0% 1.80% 49,828 (13,724) 36,104 24,384 17,988 0 17,988 12,149 10,618 7,171 64,710 43,704 2,819,242 04/12/2036 23 0.0% 1.80% 0 0 0 0 0 0 0 0 17,538 11,635 17,538 11,635 2,830,877 04/13/2037 24 0.0% 1.80% 0 0 0 0 0 0 0 0 17,714 11,544 17,714 11,544 2,842,421 04/13/2038 25 0.0% 1.80% 0 0 0 0 0 0 0 0 17,889 11,452 17,889 11,452 2,853,874 04/13/2039 26 0.0% 1.80% 0 0 0 0 0 0 0 0 18,065 11,360 18,065 11,360 2,865,234 04/12/2040 27 0.0% 1.80% 0 0 0 0 0 0 0 0 18,240 11,268 18,240 11,268 2,876,502 04/13/2041 28 0.0% 1.80% 0 0 0 0 0 0 0 0 18,428 11,183 18,428 11,183 2,887,684 04/13/2042 29 0.0% 1.80% 0 0 0 0 0 0 0 0 18,615 11,096 18,615 11,096 2,898,781 04/13/2043 30 0.0% 1.80% 0 0 0 0 0 0 0 0 18,802 11,010 18,802 11,010 2,909,790 04/12/2044 31 0.0% 1.80% 0 0 0 0 0 0 0 0 18,989 10,922 18,989 10,922 2,920,713 04/13/2045 32 0.0% 1.80% 0 0 0 0 0 0 0 0 19,176 10,835 19,176 10,835 2,931,548 04/13/2046 33 0.0% 1.80% 0 0 0 0 0 0 0 0 19,364 10,748 19,364 10,748 2,942,295 04/13/2047 34 0.0% 1.80% 0 0 0 0 0 0 0 0 19,562 10,666 19,562 10,666 2,952,961 04/12/2048 35 0.0% 1.80% 0 0 0 0 0 0 0 0 19,761 10,584 19,761 10,584 2,963,545 04/13/2049 36 0.0% 1.80% 0 0 0 0 0 0 0 0 19,960 10,501 19,960 10,501 2,974,046 09/28/2049 37 0.0% 1.80% 0 0 0 0 0 0 0 0 9,273 4,792 9,273 4,792 2,978,838 Total Post-Trial 2,659,834 (658,164) 2,001,670 1,645,826 960,200 0 960,200 785,952 482,172 331,166 3,444,042 2,762,944 Grand Totals 2,832,888 (691,667) 2,141,221 1,785,377 1,022,673 0 1,022,673 848,425 496,043 345,037 3,659,937 2,978,838
  • 36. Personal Consumption Exhibit B Earnings Pres. Net Plaintiff Spouse Total Pct. Of Year Value Earnings Would Have Will Family Personal Personal Ending Year Growth Earned Earn Earnings ConsumptionConsumption 12/31/2011 0 3.1% 36,894 27,599 64,493 11.1% (7,159) 12/31/2012 0 3.1% 105,659 79,041 184,700 11.1% (20,502) 04/13/2013 0 1.0% 30,502 22,131 52,633 11.1% (5,842) 04/13/2014 1 1.0% 112,311 79,830 192,141 11.1% (21,328) 04/13/2031 18 1.0% 133,010 94,543 227,553 16.1% (36,636) 04/12/2032 19 1.0% 134,340 95,488 229,828 16.1% (37,002) 04/13/2033 20 1.0% 135,683 96,443 232,126 16.1% (37,372) 04/13/2034 21 1.0% 137,040 97,407 234,447 16.1% (37,746) 04/13/2035 22 1.0% 49,828 35,417 85,245 16.1% (13,724) 04/12/2036 23 1.0% 0 0.0% 0 04/13/2037 24 0.0% 0 0.0% 0 04/13/2038 25 0.0% 0 0.0% 0 04/13/2039 26 0.0% 0 0.0% 0 04/12/2040 27 0.0% 0 0.0% 0 04/13/2041 28 0.0% 0 0.0% 0 04/13/2042 29 0.0% 0 0.0% 0 04/13/2043 30 0.0% 0 0.0% 0 04/12/2044 31 0.0% 0 0.0% 0 04/13/2045 32 0.0% 0 0.0% 0 04/13/2046 33 0.0% 0 0.0% 0 04/13/2047 34 0.0% 0 0.0% 0 04/12/2048 35 0.0% 0 0.0% 0 04/13/2049 36 0.0% 0 0.0% 0 09/28/2049 37 0.0% 0 0.0% 0 Grand Totals 2,832,888 (691,667)
  • 37. Lost Production of Household Services Exhibit C Pre-Injury Post-Injury Year Pres. Hours Total Hours Total Lost Present Ending Value Year Status Weekly Pay Rate Services Weekly Pay Rate Services Services Value 12/31/2011 0 A 13.8 11.80 3,040 0.0 11.80 0 3,040 3,040 12/31/2012 0 A 13.8 11.80 8,443 0.0 11.80 0 8,443 8,443 04/13/2013 0 A 13.8 11.92 2,388 0.0 11.92 0 2,388 2,388 04/13/2014 1 A 13.8 12.04 8,615 0.0 12.04 0 8,615 8,463 04/13/2031 18 A 13.8 14.26 10,203 0.0 14.26 0 10,203 7,401 04/12/2032 19 A 13.8 14.40 10,303 0.0 14.40 0 10,303 7,341 04/13/2033 20 A 13.8 14.54 10,404 0.0 14.54 0 10,404 7,282 04/13/2034 21 A 13.8 14.69 10,511 0.0 14.69 0 10,511 7,227 04/13/2035 22 A 13.8 14.84 10,618 0.0 14.84 0 10,618 7,171 04/12/2036 23 B 22.5 14.99 17,538 0.0 14.99 0 17,538 11,635 04/13/2037 24 B 22.5 15.14 17,714 0.0 15.14 0 17,714 11,544 04/13/2038 25 B 22.5 15.29 17,889 0.0 15.29 0 17,889 11,452 04/13/2039 26 B 22.5 15.44 18,065 0.0 15.44 0 18,065 11,360 04/12/2040 27 B 22.5 15.59 18,240 0.0 15.59 0 18,240 11,268 04/13/2041 28 B 22.5 15.75 18,428 0.0 15.75 0 18,428 11,183 04/13/2042 29 B 22.5 15.91 18,615 0.0 15.91 0 18,615 11,096 04/13/2043 30 B 22.5 16.07 18,802 0.0 16.07 0 18,802 11,010 04/12/2044 31 B 22.5 16.23 18,989 0.0 16.23 0 18,989 10,922 04/13/2045 32 B 22.5 16.39 19,176 0.0 16.39 0 19,176 10,835 04/13/2046 33 B 22.5 16.55 19,364 0.0 16.55 0 19,364 10,748 04/13/2047 34 B 22.5 16.72 19,562 0.0 16.72 0 19,562 10,666 04/12/2048 35 B 22.5 16.89 19,761 0.0 16.89 0 19,761 10,584 04/13/2049 36 B 22.5 17.06 19,960 0.0 17.06 0 19,960 10,501 09/28/2049 37 B 22.5 17.23 9,273 0.0 17.23 0 9,273 4,792 496,043 0 496,043 345,037