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Fraud Chapter 12

The document discusses several topics related to calculating damages in personal injury cases from an expert financial witness perspective. Some key points include: - Financial experts rely on other professionals like doctors to determine the degree of injury when calculating damages. - Factors like lost household services, expected work life, wage growth, and discount rates are appropriately incorporated into damage calculations. - Job-related expenses may be included in calculations for wrongful discharge cases but not personal injury cases. - Calculations are tailored to the specific circumstances of each case while following standard analysis formats.

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0% found this document useful (0 votes)
77 views8 pages

Fraud Chapter 12

The document discusses several topics related to calculating damages in personal injury cases from an expert financial witness perspective. Some key points include: - Financial experts rely on other professionals like doctors to determine the degree of injury when calculating damages. - Factors like lost household services, expected work life, wage growth, and discount rates are appropriately incorporated into damage calculations. - Job-related expenses may be included in calculations for wrongful discharge cases but not personal injury cases. - Calculations are tailored to the specific circumstances of each case while following standard analysis formats.

Uploaded by

Jeffrey O'Leary
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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In 1.

a personal injury case, as with most commercial damages cases, the time period covered by the
damage period is always fixed. a. True *b. False 2. A financial expert witness usually does not offer an
opinion as to the extent of injuries sustained in a personal injury case. *a. True b. False 3. Because
financial experts usually are not qualified to render opinions about the degree of disability an employee
sustains in a jobrelated accident, the level of disability of the injured employee is not a part of the
damage calculation. a. True *b. False 4. Financial experts usually rely on other professionals such as
doctors and occupational therapists in determining the degree of injury or disability in a personal injury
case. *a. True b. False 5. An attorney may limit the expert's ability to contact doctors, occupational
therapists, and other third-party case participants in order to preserve certain legal relationships. *a.
True b. False 6. Government statistics such as probability of interesting and have certain value to
economist they are not of value in determining damages in because the data does not refer to the
specific case. life tables are and statisticians, but a wrongful death case person involved in the a. True
*b. False 7. Some common fringe benefit amounts that typically would be added to lost wages in a job-
related accident case are vacation and holiday pay, health insurance, and bonuses. a. True *b. False 8. If
an employee is totally disabled in a job-related accident, the time period used in the analysis of lost
wages is the victim's stated time to expected retirement. a. True *b. False 9. The "expected work life"
tables consider a number of common reasons a person would leave work prior to normal retirement.
Included are layoffs, probability of life, and probability of injury. *a. True b. False 10. A widespread myth
about job experiences is that demographic characteristics differ between various groups in the work
place. a. True *b. False 11. Although discounting damage amounts to their present value is a common
practice for commercial damage estimates, they are seldom used in personal damage cases. a. True *b.
False 12. Selecting the appropriate discount rate in a personal injury case is essential to accurate
measurement of damages in the case. *a. True b. False 13. If an expert used an appropriate discount
rate for a wrongful death case, it would not be necessary to consider the growth of wages during the
damage period. a. True *b. False 14. In a personal injury case, lost household services would not be a
part of the damage calculation. a. True *b. False 15. Lost household services would typically continue
throughout a person's life even after the person would have retired from the job. *a. True b. False 16. In
most job-related accident cases, the starting point for measuring damages is the employee's earnings
record on the job. *a. True b. False 17. The United States Department of Labor, Bureau of Labor
Statistics maintains many labor statistics that may be useful to an expert in measuring damages in
personal damage cases. *a. True b. False 18. The United States Department of Labor, Bureau of Labor
Statistics provides tables on "Worklife Estimates: Effects of Race and Education." These tables basically
are used to adjust a person's stated remaining work life for catastrophic occurrences. a. True *b. False
19. When a person provides household services to his or her family, they are not paid for, but they have
real economic value that should be included in many personal damage calculations. *a. True b. False 20.
Because it is challenging to measure the economic value of lost household services, courts tend to not
allow such measurements in personal damage calculations. a. True *b. False 21. In calculating a damage
estimate for a wrongful discharge case, job-related expenses would be added to the other items
included in the damage estimate. a. True *b. False 22. Job-related expenses would include such items as
driving costs to and from the job, special work-related clothing, and union dues in a job-required union.
*a. True b. False 23. In a wrongful discharge case, lost household services would not be part of the
damage calculation. *a. True b. False 24. Calculating damages in a personal injury case typically uses the
same basic damage analysis format, but the circumstances of each case makes each case somewhat
different. *a. True b. False 25. Because salary data is a matter of record, the portion of the damage
calculations in a wrongful discharge is the same for both the plaintiff's and the defendant's expert
witness. a. True *b. False 26. Lost salary in a permanent injury case requires estimates for the expected
growth rate in the plaintiff's salary over the time period covered by the case. *a. True b. False 27. In a
wrongful discharge case, typically the expected annual growth rate in wages is exactly offset by the
discount rate that is used to discount all amounts back to the present. a. True *b. False 28. In job-related
permanent injury cases, experts frequently adjust damage estimates to allow for expected work-life
because many workers have no idea how long they plan to work. a. True *b. False 29. In job-related
permanent injury cases, experts frequently adjust damage estimates to allow for expected work-life
because life expectancy, probability of being laid off, and probability of injury are some of the things
that can cause a person to leave the workforce. *a. True b. False 30. Generally speaking, in order to
make damage estimates as accurate as possible for permanent injury cases, the expert should include an
adjustment for probability of life in all cases. *a. True b. False 31. Generally speaking, in order to make
damage estimates as accurate as possible for permanent injury cases, the expert adjusts the damage
calculation for medical costs for the family of the injured employee. a. True *b. False 32. "Lost
household services" are an inconvenience, but do not enter into the calculation of damages. a. True *b.
False 33. When incorporating lost future wages into a damage calculation, the expert should discount
the wages back to the present using an appropriate discount rate. *a. True b. False 34. When
incorporating lost future wages into a damage calculation, the expert should incorporate expected
future wage growth into the calculation. *a. True b. False 35. One common component of an expert's
damage calculation is employee federal withholding taxes. a. True *b. False 36. One common
component of an expert's damage calculation is employee FICA withholding taxes. a. True *b. False 37.
One common component of an expert's damage calculation is employerpaid health insurance
premiums. *a. True b. False 38. When computing damages in a wrongful discharge case, job-related
expenses typically would include the cost of travel to and from work. *a. True b. False 39. When
computing damages in a wrongful discharge case, job-related expenses typically would include the cost
of special work-related clothes. *a. True b. False 40. When computing damages in a wrongful discharge
case, job-related expenses typically would include the cost of the employee's share of health insurance
premiums. a. True *b. False 41. When computing damages in a wrongful discharge case, job-related
expenses typically would include the cost of employee FICA tax withholdings. a. True *b. False 42. When
computing damages in a wrongful discharge case, the cost of job-related expenses should be deducted
from the damage amount. *a. True b. False 43. When preparing damage estimates, it is necessary to
adjust for realistic events such as possible unemployment. *a. True b. False 44. If a financial expert plans
to include an amount for lost household services, the expert must be ready to testify as to the medical
basis of the lost ability to perform the household services. a. True *b. False 45. In calculating the
probability of being alive at certain times in the future, the expert would most likely utilize the National
Vital Statistics Report detailing the "number of people alive" out of 100,000 people for various
demographic characteristics. *a. True b. False 46. In a wrongful death case, wages are not included in
the damages because there is no chance of future wages. a. True *b. False 47. In a personal injury case,
the time period covered by the damage period is typically: *a. Determined by the circumstances of the
case and the time period during which the victim is affected by the injury. b. Fixed by statutory law. c.
Covered by the contract. d. Provided by various government publications. 48. A financial expert witness
must determine information about the degree of injury in personal injury cases. Therefore, financial
experts must: a. Make as reliable an estimate of the victim's injuries as possible so that the damage
estimates will be as accurate as possible. b. Ignore the extent of injuries of the victim and concentrate
on financial issues. *c. Rely on the expertise of others such as doctors so that the financial expert can
incorporate that information into the damage model. d. Wait until the extent of the victim's injuries can
be determined completely so that the case can proceed. 49. Doctors and occupational therapists are
often called upon in determining the degree of injury or disability in a personal injury case. In such
instances, the financial expert witness should: *a. Use the information provided in consultation with the
attorney to arrive at the most accurate damage estimate possible. b. Make his or her own assessment of
the degree of injury because the financial expert's reputation is at stake in rendering an opinion in the
case. c. Prepare a wide range of possible damage estimates to take into account the many different
views of the extent of the injuries to the victim. d. Ignore any information on the extent of the victim's
injuries and just stick to the financial issues in the case. 50. In a wrongful discharge case, common
components of the damage measurement would include: a. Lost wages, employer's FICA payments,
vacation and holiday pay, and health insurance. b. Lost wages, the value of lost household services, and
employee education programs. c. Lost wages, health and life insurance payments by the employer, and
overtime premium on scheduled weekly overtime and the value of lost household services. *d. Lost
wages, health insurance payments by the employer, employer paid educational programs, and employer
paid recreation programs. 51. An employee is seriously injured in a job-related accident. The employee
has only been on the job 15 months before the accident occurred. Based on this information: a. It will
not be possible to include any wage growth rate into the damage calculations because the employee
was not on the job long enough to develop a wage growth rate record. *b. The financial expert can use
an appropriate wage growth rate amount that can be found in statistics provided by the United States
Department of Labor, Bureau of Labor Statistics. c. The discount rate the expert uses to discount the
annual damage amounts will automatically adjust for wage growth rates. d. Wage growth rates are
never used in job-related accident cases. 52. The need to discount to their present value the calculated
stream of damage amounts over a period of years covered by the damage period satisfies the concept
of: a. The right of free trade. b. Proper rules of evidence. c. Wage growth rates. *d. The time value of
money. 53. The time value of money refers to the concept that: a. Money is worth more in the future
than it is today. *b. Money is worth more today than it is in the future. c. Money has no intrinsic value
and we must assign value to it. d. If you discount payments now, the total will be its value in the future.
54. In calculating the value of lost household services in a personal injury case, the experts must: a.
Determine the amount of lost household services the victim suffered. b. Determine the total amount of
household services the victim provided before the accident. c. Determine the amount of value that
should be assigned to the victim's household services. *d. All of the answers above are correct. e. None
of the answers above is correct. 55. In determining damages in a wrongful discharge case, the concept
of mitigation of wages refers to: *a. A plaintiff's requirement to seek new employment which would
mitigate or reduce the amount of damages caused by the wrongful discharge. b. The average wage
earned in the geographic area in which the plaintiff worked. c. A legal term for fringe benefits. d. Does
not apply to wrongful discharge cases. 56. If an employee is totally disabled in an accident, and the
victim states that she planned to work until the age of 65, the expert should: a. Use the stated
retirement age of the accident b. Use government tables on life expectancies to damage estimate. *c.
Use government data on expected work life to estimate. d. Stated or expected average work lives have
no damage calculations in this type of case. victim. adjust the adjust the damage use in performing 57.
One reason for using a litigant's tax returns in preparing an expert's damage report is that: a. It is
required by law. b. There can never be any errors in tax returns. *c. Tax returns include a significant
amount of financial data about a person or some other entity for a specified time period, and tax returns
are signed documents filed with an agency of the federal government. d. There are no other reliable
sources of financial information in personal damages cases. 58. The present value of the damages in a
wrongful death case: *a. Will always be less than the total value of the damages. b. Will always be more
than the total value of the damages. c. Can be more or less than the total value of the damages,
depending upon the discount rate selected by the expert. d. Are always the same as the total value of
the damages. 59. A primary difference in the calculation of economic damages between a job-related
disability case and a wrongful death case is that: a. The value of lost household services would never be
a part of the economic damages in a wrongful death suit but they typically would be part of the
damages in a disability case. b. In a wrongful death suit, there are usually criminal charges that must be
considered. c. There are no differences between damage calculations in these two types of cases. *d. In
a wrongful death case, there is no need to determine the extent of the disability in computing wage-
related damages or the value of lost household services, but such an assessment is necessary in a
disability case. 60. One of the limitations of the United States Department of Labor, Bureau of Labor
Statistics tables on "Worklife Estimates: Effects of Race and Education" is that: a. They do not provide
tables for both men and women. b. The tables ignore whether the person is currently participating in
the workforce. *c. The tables have not been updated by the government in recent years. d. The tables
do not consider the educational achievements of employees. 61. In a job-related injury case resulting in
the employee's disability: a. Typically the damage model would terminate the lost value of household
services at the same age as lost wages due to expected retirement. b. Typically the damages model
would terminate lost wages at the time of expected retirement, but the value of household services
would continue at the same amount as before the expected retirement date. *c. Typically the damages
model would terminate lost wages at the time of expected retirement, but the value of household
services would increase for a period after the expected retirement date. d. The lost value from
household services would not be included in the damages calculation until after the employee's
expected retirement date. 62. In their book Determining Economic Damages, Martin and Smith state
that in measuring a plaintiff's lost earnings the economist will rely: a. On government statistics on
average earnings of employees. b. On the U.S. Census Bureau for information on employee wages. c. On
information from the United States Department of Labor, Bureau of Labor Statistics for relevant wage
loss information. *d. First on the earnings history of the plaintiff as a starting point for the evaluation of
wage losses. 63. In calculating a damage estimate for a wrongful discharge case: a. Job-related expenses
would be added to the other items included in the damage estimate. b. Lost household services would
be added to the other items included in the damage estimate. c. Vacation and holiday pay should be
added the to salary of the plaintiff in determining damages. d. Expected worklife would not be part of
the damage calculation. *e. None of the above. 64. In a wrongful discharge case, an employee may be
required to mitigate the wage loss. This means that the employee must: a. Take any job he or she can
find. *b. Take a similar job to the one he or she lost if one is available and include that information in the
lost wages component of the damage calculation. c. Discount wages at the prevailing discount rate. d.
Not include more than 10 years in the project wage loss category. e. None of the above. 65. The U.S.
Department of Labor Bureau of Labor Statistics tables on "Worklife Estimates" address the issue of: a.
The expected length of the career for a variety of different job classifications. b. The average time it
takes to become successful in various different career classifications. c. The expected time to retirement
for an individual with certain demographic characteristics. *d. The expected time a person will remain in
the workforce given certain demographic characteristics and the probable occurrence of various
circumstances that would cause a person to leave the workforce. e. None of the above. 66. As a financial
expert witness in a personal injury case, the financial expert will typically testify about: a. The extent of
the plaintiff's injuries in the case. b. The probable medical treatments that the plaintiff will require in the
future. c. The probable causes of the injuries sustained by the plaintiff. *d. The probable costs of the
medical treatments for the plaintiff that medical experts have testified to in the case. e. All of the above.
67. If a person is totally disabled in a job-related accident, the time period used in the analysis of lost
wages is: a. The victim's stated time to expected retirement. b. Age 65. *c. The victim's expected
worklife. d. Age 62. e. None of the above. 68. When computing a person's lost compensation in
connection with a wrongful discharge case, the expert witness used W-2 form wages for the last three
years as the primary basis for the amount of lost compensation. a. To this amount the expert should add
vacation pay and holiday pay. *b. To this amount the expert should add company paid insurance
premiums. c. From this amount the expert should subtract federal and state withholding taxes. d. To this
amount the expert should add attorney and legal fees. e. None of the above. 69. Generally speaking, in
order to make damage estimates as accurate as possible for permanent injury cases, the expert should:
*a. Include an adjustment for probability of life in all cases. b. Include an adjustment for probability of
life in all cases in which the plaintiff is over 65. c. Not adjust for work-life expectancy. d. All of the above.
e. None of the above. 70. In job-related permanent injury cases, experts frequently adjust damage
estimates to allow for expected work-life because: a. Many workers have no idea how long they plan to
work. b. National averages are always better than individual data. *c. Life expectancy, probability of
being laid off, and probability of injury are some of the things that can cause a person to leave the work
force. d. Most people retire as soon as they reach the age of 62. e. None of the above. 71. "Lost
household services": a. Are an inconvenience, but do not enter into the calculation of damages. b. Are
real costs but generally are not included in damages by the court. c. Are found in U.S. Labor Department
publications. *d. Is the economic measure of the services that can no longer be performed by a person
as the result of an injury or accident. e. None of the above. 72. When computing the future wage loss in
the wage loss damages section, the expert should consider: a. Expected future wage growth over some
relevant time period. b. Discounting future wages back to the present using an appropriate discount
rate. c. Lost household services costs. *d. Providing for expected wage growth and providing for
discounting expected future wages back to the present using an appropriate discount rate. e. None of
the above. 73. Employee fringe benefits that typically are included in workrelated damages are: a.
Employer paid insurance premiums. b. Employer paid payroll taxes. c. Employer paid educational
programs. *d. All of the above. e. None of the above. 74. Employee fringe benefit costs commonly
included in an expert's damage calculation are: *a. Employer paid college education costs. b. Employee
federal withholding tax. c. Employee FICA tax withholdings. d. All of the above. 75. When computing
damages in a wrongful discharge case, job-related expenses typically would include the cost of: *a.
Special work clothes. b. Attending the company Christmas party. c. The employee's share of health
insurance. d. All of the above. e. None of the above. 76. When computing damages in a wrongful
discharge case, the cost of job-related expenses: a. Should be added to the damage estimate. b. Should
be ignored. *c. Should be subtracted from the damage estimate. d. Could be added or subtracted from
the damage amount depending on the circumstances of the case. e. None of the above. 77. If an expert
expects to include a component for lost household services, the expert: a. Must be ready to express a
medical opinion as to the medical basis for the lost ability to perform the household services. b. Must
reduce the amount in some other part of the damage calculation. *c. Should base the lost household
services amount on some supportable medical opinion about lost household services that is in the
record. d. Must use national averages about percentage of lost household services. e. None of the
above. 78. In a typical lost job case, the primary source of damages is: a. Lost household services. b. Lost
fringe benefits. c. Lost health insurance. *d. Lost wages/salary. e. None of the above. 79. You are a
financial expert witness working for the defense in a case. The plaintiff claims lost profits from various
business activities that you believe are exaggerated amounts. What would be your best source of
evidence to evaluate the lost profits amount? *a. The plaintiff's tax returns. b. The plaintiff's expert's
report. c. The U.S. Government's report on average earnings in this field of endeavor. d. Deposition
testimony from the plaintiff. e. None of the above. 80. In Brookshire and Smith's book, they provide a
theoretical basis for including fringe benefits in the calculation of economic damages. Included is: a. The
market theory. b. The offset theory. c. The replacement theory. *d. Both a and b. e. Both a and c. 81.
The concept of mitigation of damages in a wrongful discharge case means that: a. The employer must
find similar employment for the wrongfully discharged employee. b. The employer must hire the
wrongfully discharged person back. c. The employer must mitigate the damages incurred by the plaintiff
in the case. *d. The plaintiff in the case must attempt to find similar employment to mitigate the amount
of damages claimed from the wrongful discharge. e. None of the above. ' 82. A common adjustment to
damage estimates in a case involving a serious injury that renders an employee unable to work for the
rest of his/her life is: a. A reduction in the damage amount for FICA taxes withheld from an employees
paycheck. b. An addition to the damage amount for employee work-related expenses such as
commuting costs and union dues. c. An increase in the damage amount because of discounting future
earnings to their present value. *d. A reduction in the damages because of the use of an expected work
life of the employee which often is shorter than the plaintiffs stated remaining work life. 83. The U.S.
Department of Labor: Bureau of Labor Statistics tables on Worklife Estimates: Effects of Race and
Education are used by forensic accountants and others to adjust damage estimates in cases for: a. The
probability of being unemployed but not the probability of being alive. *b. The probability of not
working as long as expected because of such things as health problems, possible accidents, probability
of death, and the probability of becoming disabled. c. Issues such as weather the employee has a union
job or a non union job. d. Racial discrimination issues. 84. Most damage estimates in economic damage
cases will be adjusted for the time value of money. This means that: *a. Estimated amounts are
discounted to their present value using an appropriate discount rate. b. Expected future cash flows are
increased based on an appropriate discount rate. c. Because some damage amounts are increased at an
appropriate growth rate and then all amounts are discounted to their present value, the two
calculations always just net out. d. Money received in the future is more valuable because we know it is
a certain amount that is due in the future. 85. In a wrongful death case: a. Loss of household services
would never be part of the damage calculation. b. The tables worklife estimates would not be used in
the damage estimate. *c. Expected future cash flows in the damage estimate would be discounted to
their present value. d. There would not be a need to include job related expenses in the damage
calculation. 86. Judy is a successful physical therapist in Atlanta. As part of her business practice she
purchased a comprehensive injury and disability insurance policy that she has carried for the last ten
years. During the first fifteen years of her practice Judy has experienced the following earnings from her
physical therapy practice. Year Earnings 1 $66,000 2 74,000 3 79,000 4 87,000 5 95,000 6 101,000 7
107,000 8 114,000 9 124,000 10 135,000 11 145,000 12 156,000 13 120,000 14 15 117,000 121,000 At
the beginning of her 13th year of practice, Judy had an accident at the office in which she fell and hurt
her back. Ever since the accident, Judy has experienced serious back pain and some dizziness that she
had not experienced before the accident. As the result of these symptoms, Judy in unable to work the
long hours that she normally had worked and as a result has been unable to grow or even maintain her
physical therapy practice as she did before the accident. Her intentions before the accident were to
grow the business about 10 percent a year for the foreseeable future. Judy claimed that she planned to
operate her physical therapy business until she was 65 years old. Judy has filed a claim with the
insurance company and the company is contesting her claim. Judy hired an attorney to sue the
insurance company in an attempt to get the insurance company to honor her claim. You have been hired
to help in this litigation. Judy was 49 years old at the time of the accident, and she just turned 52 last
week. The approximate percentage annual growth rate in Judys earnings until her accident was
(rounded to the nearest whole percentage): a. 12 percent b. 5 percent *c. 8 percent d. 11 percent e.
None of the above Using the facts in question 86, assume the average annual earnings growth rate for
Judy through year 12 was six percent. What is Judys estimated damage for year 13 only? 87. a. $36,000
b. $56,000 c. $18,160 *d. $45,360 e. None of the above Using the facts in question 86, given that Judy
has stated she wants to grow the business by 10 percent a year until she retires, as the insurance
companys forensic accounting expert witness I would probably: 88. a. Use that information directly
because only she knows what her work plans are. *b. Use U.S. Government statistics on income growth
for this profession to see if her estimated long term growth rates are realistic. c. Reduce Judys estimates
by about 50 percent to allow for the overly enthusiastic estimates that are common among plaintiffs in
cases. d. Use Judys estimates but ignore any lost household services claims. 89. Using the facts in
question 86, Judys estimate of working to the age of 65: a. Is logical because that is when most people
retire. b. Should be adjusted for probability of death. c. Is low because statistically women live longer
than men. *d. Should be adjusted for expected time in the workforce. 90. Using the facts in question 86,
the circumstances in Judys case suggest that: a. She has no real cause for damages because she is self
employed and therefore working for herself. b. It is very similar to a wrongful discharge type of case. c.
She may be able to claim lost household services as part of her insurance claim. *d. Probability of life
adjustments would never be used in this type of case. 91. Using the facts in question 86, as a general
model for computing damages in this case, Judys financial expert would: *a. Determine the lost earnings
over Judys remaining professional life and adjust for expected earnings growth and discount the
amounts to their present value. This amount would then be adjusted for Judys expected worklife and
probability of life. b. Determine the lost earnings over Judys remaining professional life and adjust for
expected earnings growth and discount to their present value. c. Determine the lost earnings over Judys
remaining professional life and adjust for expected earnings growth and discount to their present value.
These amounts would then be adjusted with inflation and compared to the national average of earnings
for all physical therapists. d. The most believable and probably successful approach with a jury would be
to use national average earnings data for all physical therapists in the country. 92. Anita had a ten-year
contract with city of West Haven to operate the citys visitor and convention bureau. For a variety of
reasons, Anita and the city manager had several major differences of opinion. With seven years still
remaining on the contract, the city unilaterally cancelled the contract and quit paying Anita her salary
and other benefits. Anita sued the city, and the court found the city liable under the contract. At the
time the contract was terminated (at the beginning of the fourth year of the contract), Anita was 55
years old, and when the court liability ruling was issued Anita was 57. The present value of the lost
salary and benefits for the last seven years of the contract are respectively: $110,000, $112,000,
$113,000, $115,000, $116,000, $118,000, and $135,000. Below is a table from the National Vital Statistic
Report identifying the number of people alive out of 100,000 people for females in the United States for
ages 50 - 67: Age Number Alive 50 95,733 51 95,445 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67
95,139 94,813 94,462 94,085 93,676 93,213 92,754 92,235 91,672 91,058 90,385 89,674 88,842 87,974
87,043 86,045 Adjusting for the probability of life, Anitas total damages would be: *a. $803,974 b.
$819,000 c. $810,385 d. $811,487 e. None of the above 93. Using the facts in question 92, assume all
other issues in the case remain the same except that Anita was 60 years old at the time of the breach of
contract. Given this information: a. The amount of the damages would be unchanged. b. The amount of
the damages would be greater than in the original scenario. *c. The amount of the damages would be
less than in the original scenario. d. It cannot be determined because of Medicare issues that would
arise. 94. Using the facts in question 92, assume all other issues in the case remain the same except that
Anita was 60 years old at the time of the breach of contract, and she is 61 at the time the court rules in
her favor. Given this information, the amount of damages would be: a. $803,974 *b. $797,092 c.
$819,000 d. $810,385 e. None of the above 95. In a wrongful discharge case, the expert witnesses from
the two sides in the case disagree about the appropriate discount rate for estimating damages. One
expert suggests a discount rate of five percent and the other expert insists on a discount rate of eight
percent. Based on this information, it is most likely that: *a. The plaintiffs expert wants a rate of five
percent, and it would result in higher damages than the eight percent discount rate. b. The defendants
expert wants a rate of five percent, and it would result in higher damages than the eight percent
discount rate. c. The defendants expert wants a rate of eight percent, and it would result in higher
damages than the five percent rate. d. The plaintiffs expert wants a rate of eight percent, and it would
result in higher damages than the five percent rate. 96. Loss of household services might well be a part
of the damage calculations in each of the following types of cases except for: *a. Wrongful discharge
cases. b. Wrongful death cases. c. Workplace permanent injury cases. d. Permanent injuries from an
automobile accident cases.

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