TEA.7.3

Description

An economic expert’s projection of economic damages in a FELA (Federal Employers Liability Action) case follows the same general framework that would apply in any other type of personal injury or wrongful death calculation. A base income must be established from which projections of future income will be made. Growth rates for future income must be established. If the worker retains residual employability in another occupation, a basis for residual earnings must be established, typically with the assistance of a vocational expert. The value of lost job-related fringe benefits with both pre-injury and post-injury employments must be compared and the differentials valued. If future life care needs are claimed, experts will need to establish a foundation for such expenditures. If lost services are to be claimed, a foundation must be provided for the amount and growth rate in the value of those services. Damages in FELA cases, however, have important special features, not least among them is the fact that there are important unresolved issues in law governing how retirement benefits, Railroad Retirement Taxes and Medicare tax paid by both employers and employees must be handled and how collateral source rules apply.