Employee Damage Calculations

In federal litigation, expert testimony is governed by Federal Rule of Civil Procedure 26, which imposes highly defined requirements on what experts must disclose, how opinions are supported, and when reports must be produced.

CRA prepares Rule 26–compliant reports addressing all required disclosures and adheres to rigid federal timelines for expert designation and reporting.

State court matters are subject to state laws and jurisdiction-specific standards, including differences in how economic losses and mitigation are evaluated.

CRA applies state-specific legal standards for lost earnings and mitigation of damages, accounts for differences in assumptions, conventions, and evidentiary expectations, and adapts analyses to local labor markets and employment practices.

Arbitrations and mediations often require speed, flexibility, and responsiveness. CRA’s professionals have decades of experience reviewing and responding to opposing expert reports, quickly identifying the issues and assumptions that drive substantial differences in damages estimates. We support arbitrators and mediators in evaluating key information and economic issues to ensure they have a sound foundation for their findings.

While not every single plaintiff matter will require expert testimony, CRA’s strategic insights, made early in the litigation process, can help focus discovery to obtain useful and well-founded testimony and evidence. Our experts also perform customized exposure analyses to provide counsel with the magnitude of potential damages in various scenarios.

CRA experts bring sound, well-supported methodologies grounded in accepted economic principles and provide protection against challenges based on flawed methods. Analyses are designed to withstand challenge and support efficient resolution, whether matters proceed to a hearing or settle before they go to court.