Economic Resources

1. Economic Resources • Experts: Economist • Life Care Planners For links to cites herein, see www.howardnations.com/lawlinks/economic-resources.html

2. Economic Resources • Bureau of Economic Analysis • Personal consumption exp. • Fedstats.gov • Stats.bls.gov • Personal Consumption

3. Economic Resources • Economic Report of the President • Dept of Commerce • Statistical Abstract of the United States • Guide to Sources

4. Problem Areas • Damage to Wage Earning Capacity • Life Expectancy Tables • Work Life Expectancy Tables

5. Problem Areas • L/E affected by: • Mental Retardation • Poor Trunk and Head Control • Ventilator • G tube • Tracheotomy

6. Problem Areas Economic analysis: Death Cases Only difference is to take out personal consumption. Use Consumer Expectancy Study Measure of Damages is Contributions.

7. Problem Areas • Burn Victims • Infant • 2yrs medical • Future economic damages: • Increase Vocational Rehab • Increase Education • Increase Counseling Services

8. Problem Areas • Burn Victim • 74 year life expectancy • Disfigurement • Disability $250,000 • Physical Pain • Mental Anguish • .58 cents per hour

9. The following Relative Impact Analysis is the work product of the outstanding Texas business and economic consultant: • Everett Dillman. Ph.D., • Dillman & Associates • 306 Thunderbird Drive • El Paso, TX. 79912 • 915 584-1124

10. Relative Impact Analysis Net Worth Analysis for American Home Products, Inc. As of December 31, 2000

11. Measures of a American Home Products, Inc.’s “ability to pay” Net Worth Cash and equivalents Current Assets Cash Flow

12. Net Worth is the measure of the financial strength of the entity. It is measured by the difference between everything the entity owns (i.e. assets) and everything it owes (i.e. liabilities).

13. For a corporation the net worth is shown on the balance sheet as stockholder’s equity. Adjustments may have to be made to the balance sheet items, however, to reflect owner interest which show up as liabilities (i.e. loans from stockholders).

14. Net worth, as reflected on the balance sheet of a corporation tends to understate the true financial strength of the American Home Products, Inc. for a number of reasons.

15. 1. The assets of the American Home Products, Inc. are usually carried on the books at acquisition cost (less depreciation) and thus are often undervalued. On the other hand, liabilities are usually valued at what is actually owed.

16. 2. The true financial strength and value of the American Home Products, Inc. is based on the American Home Products, Inc.’s earning potential. This is reflected in the price of the American Home Products, Inc.’s stock times the number of shares outstanding and is called MARKET CAPITALIZATION.

17. Cash and equivalents represent liquid monies. Current assets represent cash or balance sheet items which can be expected to be turned into cash within one year. Cash flow represents income after taxes plus the non- cash expense items of depreciation, depletion and amortization.

18. The net worth, and other measures of the financial strength of a corporation can be quite large. The magnitude of very large numbers, sometimes into the billions of dollars, may be difficult to grasp.

19. For instance, the American Home Products had a net worth of $2,818,093,000 at the end of 2000.

20. The magnitude of a large net worth may be shown using relative impact analysis and/or graphic techniques.

21. A graphic portrayal of net worth may be made by constructing a grid where each square is equal to $1,000,000 of net worth. The net worth of the American Home Products, Inc. is $2,818,093,000. The resulting grid is shown on the next slide.

22. A graphic portrayal of net worth may be made by constructing a grid where each square is equal to $1,000,000 of net worth.

23. Each square = $1,000,000 of Net Worth

24. The relative impact analysis is nothing more than a standard type of financial evaluation known as COMMON SIZE STATEMENT ANALYSIS. Common size statement analysis allows one to compare relevant financial variables between entities of different sizes. Meaningful analysis is accomplished through ratios, which may be thought of as analogies.

25. Analogies have been used in the general and professional literature to illustrate the magnitude of large numbers. “…if Mr. Gates pays the same percentage of his net worth to take his spouse to a movie as the average person does, it would cost him almost $19 million. Analogies also help people grasp other unimaginable large numbers.” Wall Street Journal, Tuesday, August 22, 2000.

26. The evaluation may also use a relative impact analysis.

27. Relative Impact Analysis: A comparison of how large a penalty would have to be to have comparable financial effects on the average U.S. household and the defendant may be made using the common size statement technique. This is called a relative impact analysis.

28. The relative impact analysis does not purport to suggest that punitive damages should be awarded. Nor does the technique try to suggest any specific amount should the trier of fact decide that such damages are warranted.

29. Data as to the median household net worth has been estimated by the Federal Reserve. In 1998 median household net worth = $71,600. In 2000 I estimate median household net worth to be approximately $79,760. Federal Reserve Bulletin, January 2000.

30. Relative Impact Analysis Household American Home Products . $2 $ 70,664 $100 $ 3,533,216 $1,000 $35,332,159

31. Other measures of financial strength and “ability to pay” may be examined by looking at the relationship of the measure to a hypothetical penalty of $1,000,000.

32. For instance in the case of the American Home Products, Inc. a penalty of $1,000,000 would represent: 0.04% of cash and equivalents. 0.01% of current assets 0.04% of stockholder’s equity

33. Collateral Sources to Consider • Personal Injury Protection • Medical Payments: Auto • Un/Underinsured Motorist • Group/Personal Med Pay • Workers’ Compensation

34. Collateral Sources to Consider • Personal Injury Protection • Medical Payments: Auto • Un/Underinsured Motorist • Group/Personal Med Pay • Workers’ Compensation

35. Collateral Sources to Consider • Medicare/Medicaid • V.A. Hospital Liens • Social Security Benefits • Disability Benefits • Employment Benefits

36. Recoverable Elements of Damages • Physical Pain & Suffering • Mental Anguish • Physical Disfigurement • Physical Impairment (Disability) • Bystander Mental Anguish

37. Recoverable Elements of Damages • Loss of Society & Companionship • Loss of Consortium • Loss of Household Services • Value of Nursing Services • Loss of Filial Relationship

38. Recoverable Elements of Damages • Loss of Earning Capacity • Medical Expenses • Funeral Expenses • Personal Property Damage • Cost of Vehicle Repairs • Rental Car

39. Recoverable Elements of Damages • Pre-impact Terror • Loss of Chance of Survival • Attorney’s Fees • Statutory damages • Statutory Penalties

40. Recoverable Elements of Damages • D.P.T.A. Violation • Contractual Damages • Bad Faith Damages • Prejudgment Interest • Punitive Damages

41. Segmental Approach to Proof of Damages • Pre-impact Terror • Instant of Impact – Occurrence • Post impact – Unassisted • Period of Peril • During Rescue

42. Segmental Approach to Proof of Damages • At the scene – First Aid • At the scene – Professional Aid • During Transportation • Emergency Room Care • Time to First Relief

43. Segmental Approach to Proof of Damages • Differential Diagnosis • Major v. Minor Injuries • Therapy – Treatment • Between Treatments – M/A

44. Segmental Approach to Proof of Damages • Patient Decision – Making • Informed Consent • Pre-operative Testing • Surgery – Local • Post Operative Recovery

45. Segmental Approach to Proof of Damages • Rehab – Physical Therapy • Rehab – Vocational • Return Home – Duties • Recreation – Physical Disability • Return To Workplace • Future Damages