Contents: Issues Arising in the Calculation of Damages Under the Survival of Actions Act (Part 1) by Scott Beesley In this article Scott Beesley discusses the issues that arise in the calculation of damages under the Survival of Actions Act. Mr. Beesley addresses the possible size of the “necessities” deduction. Duty of Care by Christopher […]
Read More...Year: 1998
Mitigation vs. Rights in Self-Employed Cases
In this article, Scott Beesley discusses some interesting points concerning the issue of injured business owners and their future loss of income.
Read More...Duty of Care
In this article, Christopher Bruce continues with the third in his series on the economic analysis of tort law. Dr. Bruce discusses the “duty of care” issues including the economic reasoning behind liabilities in torts.
Read More...Issues Arising in the Calculation of Damages Under the Survival of Actions Act (Part 1)
In this article Scott Beesley discusses the issues that arise in the calculation of damages under the Survival of Actions Act. Mr. Beesley addresses the possible size of the “necessities” deduction.
Read More...Autumn 1998 issue of the Expert Witness newsletter (volume 3, issue 3)
Contents: The Economics of Negligence Rules by Christopher Bruce As a continuation of his series, Christopher Bruce expands on the use of economic analysis in tort law. He argues the economic approach can also be used to cast light on the development of the tort rules of negligence. Using Industry Growth Rates to Update Census […]
Read More...The MacCabe Judgment: Allowing the Use of Earnings Statistics for Males When Estimating the Future Income of a Female
In this article, Derek Aldridge explains how the MacCabe judgment is important from the economist’s view. What does the judgment imply about future cases involving injured or deceased females? There are many questions unanswered.
Read More...Timing, Turning Bad into Good
In this article Heber Smith sheds light on how to survive the markets with global events such as the Asian Crisis and the Russian meltdown. This article is of particular interest to holders of structured settlements.
Read More...Drawbacks to the Use of “Preliminary” Estimates
In this article, Dr. Thomas Ireland explains, in letter format, the dangers of relying on preliminary estimates. Dr. Ireland is a well-known economist and is involved in the assessment of personal injury damages.
Read More...Using Industry Growth Rates to Update Census Occupational Earnings Figures
In this article Kris Aksomitis discusses the method used to adjust average income figures derived from the Census from past dollars to today’s dollars. He compares average incomes taken from the 1996 Census with adjusted figures from the 1991 Census to illustrate the accuracy of these adjustments.
Read More...The Economics of Negligence Rules
As a continuation of his series, Christopher Bruce expands on the use of economic analysis in tort law. He argues the economic approach can also be used to cast light on the development of the tort rules of negligence.
Read More...Summer 1998 issue of the Expert Witness newsletter (volume 3, issue 2)
Contents: The Effect of Alcoholism on Earning Capacity by Nicole MacPherson In this article Nicole MacPherson investigates the effect of alcoholism on earning capacity. She has found that alcoholism has both direct and indirect effects on earnings. Ms. MacPherson brings to our attention both the obvious and overlooked effects of alcoholism. Applying Economic Analysis to […]
Read More...Software Review: Personal Injury Damages Partner (Carswell)
In this article Derek Aldridge reviews a CD ROM titled Personal Injury Damages Partner, available from Carswell. The CD contains a searchable collection of full text and digest summaries of personal injury cases.
Read More...Doctors Are Not Experts on Life Expectancy
In this article David Strauss and Robert Shavelle argue that physicians are usually not experts on life expectancy. They note, however, that doctors’ opinions regarding life expectancy have been relied on by the courts. They identify the different roles of physicians and actuaries in life expectancy determination.
Read More...Not All “Bears” Are Bordering Extinction
In this article Heber Smith explains how the claimant converts his or her award to income for the future. He contrasts mutual funds, with high returns and perhaps less stability, with annuities, having lower returns and lower risk. This discussion leads into future articles regarding strategies of structured settlements.
Read More...Applying Economic Analysis to Tort Law
In this article Christopher Bruce expands the use of economic analysis in tort law. Dr. Bruce identifies the distinguishing characteristics of the economic approach versus the more traditional methods of legal analysis. This is the first of a series of articles to follow regarding the economic analysis of torts.
Read More...The Effect of Alcoholism on Earning Capacity
In this article Nicole MacPherson investigates the effect of alcoholism on earning capacity. She has found that alcoholism has both direct and indirect effects on earnings. Ms. MacPherson brings to our attention both the obvious and overlooked effects of alcoholism.
Read More...Spring 1998 issue of the Expert Witness newsletter (volume 3, issue 1)
Contents: The Role of the Expert Witness in Developing “New” Law by Christopher Bruce In this article Christopher Bruce explores the role of the expert witness. He delineates both the advantages and disadvantages to the legal system when an expert adopts a “constructive” rather than a “passive” approach. While recognising the pitfalls with either approach, […]
Read More...Outstanding Issues in the Valuation of Household Services
In this article Therese Brown and Christopher Bruce wrap up the series of five articles on household services which have been presented in our newsletter. They deal with several of the issues which have not been dealt with specifically in previous articles. Included are the following: the suggested approach when a plaintiff is still able to undertake a particular household activity, albeit more slowly than previously; a discussion of how long to run the loss of household services; and the effect of retirement on the loss of household services.
Read More...BOOK REVIEW: The Expert: A Practitioner’s Guide, (Carswell) 1997
Christopher Bruce reviews this collection of 27 essays concerning expert testimony, each essay having been written by one or more experts in the relevant discipline. The purpose of the book, according to the foreword, is to provide trial lawyers with a basic understanding of both “… the role of the expert in the legal process … [and] … the fundamental concepts of the discipline within which the expert operates.”.
Read More...Unresolved Issues in the Valuation of Estate Claims Under Survival of Actions
In this article Derek Aldridge expands upon previous articles in our newsletter which have arisen from the Duncan v. Baddeley court of appeal decision. He raises several questions concerning the calculation of losses in light of this decision, and suggests that it may not be possible to resolve these issues until it is determined whether the Court’s goal is one of compensation or deterrence.
Read More...The Role of the Expert Witness in Developing “New” Law
In this article Christopher Bruce explores the role of the expert witness. He delineates both the advantages and disadvantages to the legal system when an expert adopts a “constructive” rather than a “passive” approach. While recognising the pitfalls with either approach, he points out the potential benefits that may accrue when the specialist is allowed to bring his/her expertise to bear, shedding light upon the complexities of personal injury litigation.
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