Traumatic Brain Injury Economic Damages
Capacity loss when cognitive and executive function injuries permanently limit employability.
Traumatic brain injury cases often involve subtle cognitive deficits—memory, concentration, executive function—that prevent return to cognitively demanding occupations even when physical appearance is unimpaired. Loss of earning capacity frequently exceeds actual post-injury wages when the claimant accepts lower-skilled work.
Economists coordinate closely with neuropsychologists, IME physicians, and vocational experts to identify suitable pre- and post-event occupations and assign ONS ASHE earnings levels.
Young claimants with high education and limited work history require capacity-based projections. Defense challenges often focus on labor force participation and whether cognitive limitations truly prevent competitive employment.
Present value of lifetime capacity loss in TBI cases can be substantial. Network economists document methodology for CPR Part 35 (Ikarian Reefer) scrutiny and provide testimony accessible to juries.
Frequently asked questions
- Why is earning capacity often used in TBI cases?
- TBI claimants may work at reduced levels that do not reflect full market capacity loss. Earning capacity measures vocational impact in the open labour market. Vocational experts identify suitable occupations given cognitive restrictions; economists quantify the dollar differential.
- How do economists address TBI claimants who appear functional in daily life?
- Daily function does not necessarily equal vocational capacity. Economists rely on neuropsychological testing, vocational evaluations, and medical opinions—not appearances—to define post-event occupational options. Assumptions are stated explicitly for cross-examination.
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