personal injury & wrongful death economic damages analysis

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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 [email protected]

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Learn about the processes, economic studies, online statistics and well known statistical studies used in a personal injury and wrongful death loss of earning capacity economic damages analysis.

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Page 1: Personal Injury & Wrongful Death Economic Damages Analysis

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

[email protected]

Page 2: Personal Injury & Wrongful Death Economic Damages Analysis

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

SOURCES OF INFORMATION

Page 3: Personal Injury & Wrongful Death Economic Damages Analysis

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”

$1,000 $1,000 $1,000

0 +1 +2 +3 +4

$2,828.61 = PVA3

3%

$970.87

End of Year

$942.60

$915.14

WHAT IS DISCOUNTING TO PRESENT VALUE?

Page 4: Personal Injury & Wrongful Death Economic Damages Analysis

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”

Page 5: Personal Injury & Wrongful Death Economic Damages Analysis

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

Page 6: Personal Injury & Wrongful Death Economic Damages Analysis

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

THE REPLACEMENT VALUE OF A LIFE

Page 7: Personal Injury & Wrongful Death Economic Damages Analysis

Loss of Earning Capacity & Loss of Fringe Benefits

Injury

Date

TIMELINE FOR A DAMAGES ANALYSIS

Past or

Pre-Trial

Future or

Post-Trial

Worklife

Expectancy

Trial

Date

Life

Expectancy

Loss of Household Services & Medical Bills

Page 8: Personal Injury & Wrongful Death Economic Damages Analysis

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

Page 9: Personal Injury & Wrongful Death Economic Damages Analysis
Page 10: Personal Injury & Wrongful Death Economic Damages Analysis
Page 11: Personal Injury & Wrongful Death Economic Damages Analysis

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

Page 12: Personal Injury & Wrongful Death Economic Damages Analysis

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

Essential Elements

Page 13: Personal Injury & Wrongful Death Economic Damages Analysis

Joan Smith10-30-9512-20-06

Gregory Smith - FatherBA - Business

Assoc Degree / NavyDistrict Market Mgr ($50,000)

Eugene SmithBS – Econ/Fin

MA – EducationBus/IT Instructor ($100,000)

Sara SmithBA – Education

Teacher

Elijah SmithMS - BusinessBA – Business

Business Manager

Wilma Jean Smith Assoc DegreeTeacher / Child Care Provider

RE SmithOwner / Operator

RT Smith Lumber Company

Raymond SmithOwner / Operator

RT Smith Lumber Company

David Smith (brother)(Deerfield Beach, FL)

MS – Computer IS / BA – AccountingChief Ops Officer ($100,000)

Margaret Smith (sister-in-law)BA – Journalism

Special Events Coordinator

Carol Nesmith (sister) (Nashville, TN)PhD – Law

BS – Nursing / Assoc – Applied SciencesAtty at Law ($50,000)

Thomas Nesmith (brother-in-law)PhD – Medicine

BS – BiologyChief of Vascular Surgery ($800,000)

Allison Smith - MotherAssoc Degree

Asst Mgr – Diet Consultant

Thomas ElwayPhD – Veterinary / Army

Medical Officer – US Dept Agr ($73,000)

Alma Sue ElwayBA – Sociology

Teacher / Social Case Worker

Susan White (sister)Assoc – Applied Science

Certified Diagnostic SonographyRT(R),RDMS,RVT,RCS ($91,000)

Mike White (brother-in-law) (Age 39)BA – Marketing

Assoc – Electronic TechFacility Ops Spvr ($57,000)

Page 14: Personal Injury & Wrongful Death Economic Damages Analysis

Joan Smith

Family Member Education and Income Summary

Annual Value Annual Value

Annual Weekly in Indexed to Future

Occupation SOC Code Wage Salary and Education Attainment Table** Hours 2005 Dollars Future Year Year

Attorney 231011 50,000 Wage and Salary Workers (Part-Time) High School 20 12,818 14,019 2014

Business Manager 119199 65,430 * Wage and Salary Workers (Full-Time) Some College 40 29,640 33,068 2016

Business/IT Instructor 251011 100,000 Wage and Salary Workers (Full-Time) Bachelor's 40 42,276 48,114 2018

Certified Diagnostic Sonography 291124 91,000 Wage and Salary Workers (Full-Time) Bachelor's/Advanced 40 51,116 60,537 2022

Chief of Vascular Surgery 291067 800,000

Chief Operating Officer 111011 100,000 **Current Population Survey, U.S. Department of Labor, Bureau of Labor Statistics, Table 17: Median usual weekly earnings

CPA 132011 43,650 * of full-time wage and salary workers 25 years and over by educational attainment and sex, 2005 annual averages.

Diet Consultant 291031 40,080 *

District Market Manager 112022 50,000

Electrical Engineer 172071 59,730 *

Facility Operations Supervisor 119199 57,000

Marketing Manager 112021 89,380 *

Medical Office Manager 119111 66,740 *

Medical Officer 119111 73,000

Owner / Operator 111021 50,000 *

Owner / Operator 111021 50,000 *

Special Events Coordinator 131121 42,230 *

Teacher 252021 45,560 *

Teacher 252021 45,560 *

Teacher / Child Care Provider 253099 34,540 *

Teacher / Social Case Worker 253099 34,540 *

VP of Marketing 112021 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 TN-MS-AR; otherwise by family members.

High School Associates Bachelor's Advanced

22 6 18 9

100% 27% 82% 41%

Degree(s) Held by Family Members

The use of government statistical wage and salary earnings is justified

given that the family history of annual earnings on average is in fact higher.

Page 15: Personal Injury & Wrongful Death Economic Damages Analysis

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

Page 16: Personal Injury & Wrongful Death Economic Damages Analysis

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

Page 17: Personal Injury & Wrongful Death Economic Damages Analysis

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

Page 18: Personal Injury & Wrongful Death Economic Damages Analysis

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

Page 19: Personal Injury & Wrongful Death Economic Damages Analysis
Page 20: Personal Injury & Wrongful Death Economic Damages Analysis

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

Page 21: Personal Injury & Wrongful Death Economic Damages Analysis

c) Examples:Employer paid FICA, Unemployment & Worker’s

Comp. (Legally-Required)

Health & Other Insurance

Retirement Plans

Employer paid Holidays & Vacations

On-site Child Care & Meals

2. LOSS OF FRINGE BENEFITS

Essential Elements

11.7%

11.6%

3.0%

9.8%

36.1%

?

Page 22: Personal Injury & Wrongful Death Economic Damages Analysis

Traditional Fringe Benefits-Private Industry

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%

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%

% of Wages

Comp.

Component % of Wages

Comp.

Component

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.

Civilian Workers Private Industry

Page 23: Personal Injury & Wrongful Death Economic Damages Analysis

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

Page 24: Personal Injury & Wrongful Death Economic Damages Analysis

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

Page 25: Personal Injury & Wrongful Death Economic Damages Analysis

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

Page 26: Personal Injury & Wrongful Death Economic Damages Analysis

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

Page 27: Personal Injury & Wrongful Death Economic Damages Analysis

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

Page 28: Personal Injury & Wrongful Death Economic Damages Analysis

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

Essential Elements

Page 29: Personal Injury & Wrongful Death Economic Damages Analysis

Time Use CategorySecondary

Child CareAt Home

21.1%

15.5

9.2

15.8

11.2

26.4

7.9

5.6

18.4

51.2

32.2

10.6

19.5

11.5

0.00 0.80 1.10 30.1Food Cooking & Clean-up 1.29 9.86 1.81

0.00 0.46 0.87 14.6%Inside Housework 0.87 $10.33 $1.28

Table 6. Married males that work full-time, wife does not work, youngest child ages 13 to 17

Weekly

Hours

Hourly

Value

Dollar

Value

of a Day

Weekly Waking HoursParticipation

Rate

Standard

Error

Percent

With

Family

0.00 1.19 0.13 32.1Shopping 1.78 11.46 2.91

0.00 0.38 0.58 25.4Household Management 0.76 15.02 1.63

0.00 2.01 4.81 38.9Pets, Home & Vehicles 5.05 12.11 8.74

0.00 5.95 7.55 78.3Household Production 11.65 11.81 19.65

0.00 1.09 0.01 40.2Travel for Household Activity 1.81 11.96 3.09

0.00 0.02 0.05 2.3Obtaining Services 0.10 13.18 0.18

0.00 0.42 0.27 8.5Non-Household Members 0.68 11.39 1.10

0.00 0.15 0.12 5.7Household Adults 0.17 11.23 0.28

n/a 1.08 0.56 22.3Household Children 1.26 11.01 1.99

0.00 2.30 0.96 30.8Caring and Helping 3.04 11.76 5.10

0.00 0.17 0.00 8.0Travel for Non-Household Members 0.30 13.15 0.56

0.00 0.47 0.00 15.4Travel for Household Members 0.63 13.15 1.18

Time Use CategorySecondary

Child CareAt Home

1.9%

1.2

4.2

4.5

2.4

12.3

2.4

1.0

1.3

12.6

10.5

2.1

5.0

1.2

7.93 5.72 9.80 89.4Food Cooking & Clean-up 9.98 9.86 14.06

8.75 6.21 11.99 79.6%Inside Housework 12.29 $10.33 $18.14

Table 35. Married females that are not in the labor force and not disabled, husband works,

youngest child under age 13

Weekly

Hours

Hourly

Value

Dollar

Value

of a Day

Weekly Waking HoursParticipation

Rate

Standard

Error

Percent

With

Family

3.32 3.78 0.09 55.0Shopping 4.99 11.46 8.17

1.00 0.85 1.25 30.1Household Management 1.48 15.02 3.17

1.74 1.51 2.13 24.0Pets, Home & Vehicles 2.39 12.11 4.13

24.79 20.40 25.49 98.1Household Production 34.16 10.84 52.89

1.90 2.23 0.07 58.1Travel for Household Activity 2.81 11.96 4.81

0.14 0.11 0.16 5.5Obtaining Services 0.22 13.18 0.42

0.38 0.59 0.16 13.6Non-Household Members 0.74 11.39 1.21

0.13 0.19 0.13 7.9Household Adults 0.24 11.23 0.38

n/a 19.42 16.95 88.4Household Children 19.94 11.01 31.37

0.89 22.30 17.27 89.9Caring and Helping 23.54 11.26 37.87

0.20 0.27 0.00 11.5Travel for Non-Household Members 0.37 13.15 0.69

0.18 1.83 0.03 44.4Travel for Household Members 2.24 13.15 4.21

“The Dollar Value of a Day”, 2003

Page 30: Personal Injury & Wrongful Death Economic Damages Analysis

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

Page 31: Personal Injury & Wrongful Death Economic Damages Analysis

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

Page 32: Personal Injury & Wrongful Death Economic Damages Analysis

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

Page 33: Personal Injury & Wrongful Death Economic Damages Analysis

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%

Essential Elements

Page 34: Personal Injury & Wrongful Death Economic Damages Analysis

Wrongful Death Economic Damages Report

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

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

Case Information

2,979,000

Damages Summary

Bring the 5 Essential Elements Together

Page 35: Personal Injury & Wrongful Death Economic Damages Analysis

Lost Earnings, Fringe Benefits, Household Services and Future Medical Costs

Exhibit A

Pre-Trial

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

Earnings Total Annual LossSee Ex. D See Ex. C

Fringe Benefits Household Services

Page 36: Personal Injury & Wrongful Death Economic Damages Analysis

Personal Consumption

Exhibit B

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)

Earnings

Page 37: Personal Injury & Wrongful Death Economic Damages Analysis

Lost Production of Household Services

Exhibit C

Year

Ending

Pres.

Value Year Status

Hours

Weekly Pay Rate

Total

Services

Hours

Weekly Pay Rate

Total

Services

Lost

Services

Present

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

Pre-Injury Post-Injury