Assessing Economic Damages

One of the most common questions that a Fort Lauderdale employment lawyer will hear is how much a particular case is worth. However, the answer to this question relies on how much damages you can prove. While emotional distress and punitive damages may be more difficult to calculate, economic damages are often much easier to assess. However, your Fort Lauderdale employment lawyer can explain that economic damages often make up the smallest part of your damages. However, your Fort Lauderdale employment lawyer can also explain that the defense attorney will argue against these damages strenuously in order to mitigate his or her client’s liability. Here are some strategies that your Fort Lauderdale employment attorney may warn you the defense attorney may use.

Minimize Damages

For example, your Fort Lauderdale employment attorney may say that the defense attorney might try to say that your economic damages are only minimal. During a settlement conference, the defense attorney might say that your case is worth nothing because you have not suffered any economic damages. However, your Fort Lauderdale employment lawyer can explain that economic damages and your total case worth are two very distinct measurements.

Contest Economic Damages

Another strategy that your Fort Lauderdale employment lawyer may warn you about is contesting the economic damages. Economic damages usually consist of back pay, front pay and incidentals. Back pay is the amount that a person would have received from their employment from his or her discharge date to the date of the judgment. This figure also includes lost benefits, such as health coverage, vacation pay and retirement benefits. Front pay is the level of damages for the wages and other benefits that a claimant will lose out on in the future, beginning from the judgment date until the individual receives comparable employment. Incidental damages are those that the individual has incurred because of the job loss, such as relocation costs to move to another area or amounts associated with looking for and applying for a new job.

Use Expert Testimony or Software

Another strategy that the defense attorney may use is to compute economic damages based on the testimony of an expert or special software. Both the plaintiff’s attorney and the defense attorney may retain their own expert witnesses so that they can give an opinion on issues that pertain to economic damages. This expert may be an economist, accountant or other individual who has the requisite education and experience to accurately assess damages of this nature. An expert may also be consulted regarding job market conditions in an applicable particular industry. This type of testimony can help to assess how long a person may take to acquire a new job in the same industry. Software may also be used to make these determinations.

Individuals who are pursuing an employment law case against their current or former employee may choose to discuss their case with an employment attorney. For help with your particular case, contact Mark J. Berkowitz, P.A., by calling him at (954) 527-0570.