A damages expert can't just pull numbers out of thin air. For example, in Johnson v. Henning, C.A. No. K12C-10-038 RBY (Young, J.)—a negligence suit arising out of an auto accident—the Delaware Superior Court issued a short and sweet Order last week excluding the expert testimony of plaintiff's damages expert because it was unsupported by medical evidence.
The Court held: "Relative to the claim of $27,004.00 for future medical expenses, the amount may, indeed, be modest given anticipations. However, there is no medical support presently established to provide any basis for an economic evaluation. The economist may take numbers opined by the physician and analyze them for present value, cost projections, life expectancy and so forth. However, he cannot create the original numbers from his imagination."
Simply put, damages calculations must be based on concrete facts—not conjecture or, indeed, the imagination.
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