Although defense counsel can choose from an array of experts to dispute a claim of permanent injury, there are few effective ways to challenge a plaintiff’s claim of work and life expectancy. While economists and vocational rehabilitation experts are useful, they are as equally wed to the actuarial tables as plaintiff’s own experts. Actuarial tables merely provide a statistical average, and the plaintiff may not be average.
A potential emerging tool in this area is DNA testing. A plaintiff’s genome, like his smoking habit, can undermine the actuarial assumptions related to life and work expectancy, and provide a powerful and non-speculative basis to limit future damage awards. While there never has been doubt as to DNA’s power with regard to establishing a person’s identity in paternity and criminal prosecutions, DNA has similar potential with respect to work and life expectancy.
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