Consider the following scenario: Plaintiff has suffered a catastrophic injury resulting in proven inability to be gainfully employed in the future. Plaintiff is very young and there is no contribution or indemnification rights available to the defendant, your very well-insured client.
In order to properly analyze and defend a significant loss with substantial lost wages, past and/or future, it is absolutely vital to understand and apply the various tools available to a defendant when seeking to arrive at an accurate value range in connection with past and future lost wages. In addition to the traditional vocational rehabilitation arguments advanced at trial, wherein the defendants retain an expert for testimony at trial and that expert interviews the plaintiff with an eye toward establishing that plaintiff’s ability to be gainfully employed in the future and therefore diminishing or eliminating a future lost wage claim, there are other avenues open to a defendant when that defendant is faced with a situation where it is obvious that a plaintiff will not return to work.
Civil Practice Law
