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The Basics of Pension Damages

By Chad L. Staller and Brian Conley

An ironworker suffers a severe injury at the work site and is rendered totally disabled. His economic damages include past and future medical expenses, of course, and lost income through to his projected retirement age. In addition, he may have a claim for another element of loss ' pension benefits.

Since pension benefits can account for 50% or more of the damages in a wrongful death or injury matter, a working knowledge of the various types of pensions and how benefits accrue can be extremely useful in evaluating damages. Here, we present an overview of the basic types of pensions and some issues that arise in determining lost pension benefits.

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