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Assessing Economic Damages in Personal Injury and Wrongful Death Litigation: The State of New Jersey

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  • Frank D. Tinari
  • Kristin K. Kucsma

Abstract

Contributors to the Journal of Forensic Economics are compiling a state-by-state series of papers on how economic damages are assessed in personal injury and wrongful death cases. This paper discusses rules of the court, the court system, and case law for the State of New Jersey. Overall, New Jersey is both different and the same as many other states. The court requires experts to discount to present value, use gender-neutral life expectancy tables, and subtract personal income taxes when estimating earnings losses. New Jersey also accepts expert testimony regarding the value of lost companionship services and advice and counsel services in death cases. This paper discusses these issues and others, with a goal of familiarizing forensic economists with the relevant court rules and rulings and standard practices when performing economic damage appraisals in the State of New Jersey.

Suggested Citation

  • Frank D. Tinari & Kristin K. Kucsma, 2010. "Assessing Economic Damages in Personal Injury and Wrongful Death Litigation: The State of New Jersey," Journal of Forensic Economics, National Association of Forensic Economics, vol. 21(2), pages 219-234, April.
    • Handle: RePEc:fek:papers:doi:10.5085/jfe.21.2.219
    DOI: 10.5085/jfe.21.2.219
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    JEL classification:

    • K13 - Law and Economics - - Basic Areas of Law - - - Tort Law and Product Liability; Forensic Economics

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