Estimation of Damages in Wrongful Termination and Personal Injury Cases At A Glance
Capabilities and Services
Economists in NERA's Employment and Labor Practice are frequently asked to provide economic analyses related to damages claims involving allegations of wrongful termination. Such wrongful termination litigation tends to increase during economic downturns, following company-wide layoffs and reductions-in-force (RIFs). NERA has substantial experience evaluating these claims, components of which often include measurement of lost income, measurement of mitigation income, impact on employer-provided benefits, and valuation of stock options or other retirement plans. An estimation of economic loss may also include other aspects, such as estimates of medical costs or valuations of non-pecuniary benefits. NERA economists conduct similar analyses related to personal injury and wrongful death claims.
Our experts rely on economic theory and models from the academic literature in labor economics and statistics and incorporate recent findings from the literature into case work. In addition, we tailor our analyses for each case, using case-specific data and relevant government statistics to develop quantitative models of alleged damages.
We have extensive experience presenting analyses related to such damages in mediations and arbitrations, in expert reports and declarations, and in testimony both at deposition and at trial. We also provide consulting services related to wrongful termination and personal injury allegations, helping parties evaluate the potential scope of the claims.
In addition to evaluating damages claims, NERA experts often provide economic analyses of issues related to liability in wrongful termination cases where they assess the merits of the discriminatory claims. While many wrongful termination and personal injury cases involve a single plaintiff or small group of plaintiffs, NERA's labor economists also have extensive expertise evaluating such claims in the context of class actions, frequently providing testimony at the class certification phase.
