Earning Capacity Expert Witnesses

earning capacity expert testimony

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Earning capacity expert witness candidates typically have a background and expertise in vocational rehabilitation, forensic accounting, and/or is an economic expert. It is essential that an earning capacity expert witness possess the ability to provide expert testimony in such a manner that a jury and judge can understand the evidence. In a high-profile case, or litigation involving a significant financial stake, legal counsel may request a vocational expert with prior testimony experience.

An earning capacity review process establishes an individual’s economic loss, and assesses work skills/ability, personality, transferrable skills and work readiness. In conjunction, a work capacity assessment is a review of a worker’s functional, vocational and medical status, and provides data about a worker’s ability to return to employment.

Litigation support services by an earning capacity expert witness could include earning capacity or diminished earning capacity analysis, economic damage calculations, deposition testimony, expert report preparation, expert opinion, and/or expert witness testimony in trial court. In addition, clients may seek an earning capacity specialist for pre-litigation work.

Leading litigation law firm clients call on Cahn Litigation Services to locate expert witnesses to support vocational issues, including those involving earning capacity. On behalf of a plaintiff or defendant, Cahn Litigation Services has completed numerous searches for expert witnesses with specialized knowledge in earnings capacity, providing candidates for each case to the specifications provided by the attorney in charge. Cahn Litigation Services has placed experts in support of earnings capacity matters involving:

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Earning Capacity Expert Witness - Representative Bios

Please Note: All Cahn Litigation expert witness searches are customized to attorneys' precise specifications and preferences. Attorneys are encouraged to discuss search parameters with a Cahn search specialist.

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The below expert witness bios represent a small fraction of those Earning Capacity experts known by Cahn Litigation Services. These bios are provided to give lawyers a sense of the Earning Capacity landscape.

Expert Witness #258903

This expert is Founder and President of a highly successful national consultancy, certified rehabilitation counselor, Diplomate of the American Board of Vocational Experts and certified life care planner who has provided services for the severely disabled for many years. Additionally, this expert has served as Vocational Expert for plaintiffs and defendants in Wrongful Termination, Sexual Harassment and Age, Sex and Disability Discrimination cases, as well as cases involving the American's with Disabilities Act.

In these cases, this expert has provided a vocational evaluation which consists of a record review, vocational diagnostic interview, work and transferable skills analysis, and when necessary, testing to make a determination of the individual's ability to perform gainful work activity, as well as their earning capacity in the local labor market. In addition, at times a Labor Market Survey is conducted to document the availability of job openings in the geographical area.

The vocational evaluation assists both plaintiff and defense attorneys in determining the effect a wrongful termination has on the earning capability of an individual after the incident. Research regarding job openings and wages for available positions using government and local sources is performed as part of the assessment. This information documents whether the plaintiff has conducted a reasonable job search and if the person has sustained any diminution of earnings capacity. A written report by a certified rehabilitation counselor who is experienced in termination cases can assist in documenting the case damages.

This expert has been performing forensic evaluations in wrongful termination, discrimination and harassment cases for many years, on a nationwide basis.

This expert is credentialed by the American Board of Vocational Experts, the Commission on Rehabilitation Counselor Certification and the International Academy of Life Care Planners. This expert has provided rehabilitation services to, and evaluated the vocational and employability potential of, over six thousand individuals.

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Expert Witness #263957

This expert holds a PhD in Economics and is President and Founder of a consultancy specializing in economic damages and loss analysis for civil litigation matters. This expert regularly provides economic reports and advice to both plaintiff and defense attorneys on cases that involve employment disputes and lost profits from business cases.

As a trained economist with quantitative and technical skills grounded in scientific theory, this expert helps juries understand how to value and analyze earning potential or calculate losses based on a set of variables unique to each case. This expert has provided economic and statistical analysis of damages for plaintiffs and defendants in areas such as:

  • Loss of business profits
    • Projection of “but for” profits that would have occurred but for claimed tort
    • Where warranted, adjustment of past profits to account for true economic depreciation of business assets
    • Past loss and present value of future loss
    • Calculations relevant to punitive damages
  • Employment discrimination, wages and hours
    • Statistical analysis of employment discrimination claims
    • Loss of present value of future earning capacity
    • Loss of back pay and front pay, including fringe benefits
    • Analysis regarding class actions as well as individual plaintiffs
  • Wrongful death
  • Personal injury

In addition, this expert is a tenured Associate Professor teaching Microeconomics, Macroeconomics, and related Economic Theory and an active member of the National Association of Forensic Economics and the Institute of Management Accountants (IMA).

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Expert Witness #258939

This expert is a vocational counselor. For many years this expert has provided regional and national services to attorneys, individuals, national and state government agencies and employers.

This expert holds a Bachelor of Science with a major in Counseling and Guidance; and a Master of Education with a major in Vocational and Community Counseling. This expert has multiple professional licenses and certifications, both national and state.

This expert has worked extensively in cases of personal injury, medical malpractice, product liability, workers' compensation, Social Security Disability and SSI, ADA compliance, spousal maintenance, and child support, providing expert witness testimony when needed. This expert testifies about 60 % for the defense, and 40% for plaintiffs in areas including all areas that involve employability, wrongful termination, loss of earnings or earning capacity, lifework expectancy, rehabilitation, and loss of access to the labor market.

Most cases are court appointed from the U.S. Department of Labor, the Equal Employment Opportunity Commission, and the Social Security Administration, but this expert also has private sector cases.  

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