Plaintiffs’ attorneys always claim that recessions limit the ability of the government to provide the proverbial safety-net for those who are injured, disabled, and/or unemployed.  For example, they will claim that Medicare, MediCal, and/or CCS benefits will be cut.  The defense attorney needs to know more than what he reads in the newspaper about so-called cuts in the state budget, and must confront the plaintiffs’ experts with the hard facts of the matter.  Effective cross-examination of the economic experts can convince the jury that the plaintiff is overreaching. 

 

Likewise, plaintiffs’ experts claim that lower interest rates during a recession increase the present value of future special damages.  One counter argument is to remind the jury that the real rate of return is based upon the state of the economy over many years, and not a few months.  In short, plaintiffs who overreach during difficult economic times will not be well received.