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Wrongful Death

Economic losses to survivors, including lost income, benefits, and household services.

A forensic economist quantifies the financial losses surviving family members bear after a wrongful death.

Recoverable damages typically include the decedent's lost earnings net of personal consumption, lost fringe benefits, and the value of household services no longer provided to the family. The categories available, the treatment of personal consumption, and the definition of statutory beneficiaries vary significantly across jurisdictions.

Types of cases include

Workplace fatalities

Survivor losses from on-the-job deaths and occupational disease.

Motor vehicle

Economic losses from auto, trucking, and transportation fatalities.

Medical malpractice

Survivor damages from medical errors and treatment failures.

What we provide

Independent economic analysis available to plaintiff or defense counsel.

Our work projects the decedent's expected future earnings, fringe benefits, and household services across the relevant work-life and life expectancy, then deducts personal consumption and reduces the net loss to present value using methods accepted by federal and state courts. Where the available record supports it, the analysis incorporates the decedent's specific employment history, sector wage data, and benefits documentation; where it does not, the methodology relies on standard demographic and economic data appropriate to the case.

Reports are written to satisfy FRCP 26(a)(2)(B), supported by deposition and trial testimony as needed. Closely related work appears on the personal-injury page.

Note: We do not provide legal advice. Retaining counsel identifies the applicable legal framework; we apply accepted economic methods to quantify losses.

Common questions

What counsel asks before retaining an economic expert.

What economic damages are recoverable in a wrongful death case?

Recoverable economic damages typically include the decedent's lost earnings (net of personal consumption), lost fringe benefits, lost household services, and, in some jurisdictions, lost inheritance. The specific categories available depend on the applicable state statute, as wrongful death recovery rules vary significantly across jurisdictions.

How is personal consumption deducted from a wrongful death damages calculation?

Personal consumption represents the share of the decedent's income that would have been spent on the decedent's own needs rather than contributed to the family. The method for estimating this share varies by jurisdiction and depends on the facts of each case.

How does a forensic economist determine work-life expectancy for wrongful death damages?

Projecting future lost earnings requires estimating the decedent's expected remaining years in the workforce. We may consider labor-force participation data, the decedent's employment history, health, and other case-specific factors. The approach used depends on the facts and the applicable legal standards.

What is the difference between wrongful death and survival action damages?

Wrongful death damages compensate the surviving family members for the losses they suffer as a result of the decedent's death, such as lost financial support and lost household services. Survival action damages, by contrast, compensate the decedent's estate for losses the decedent incurred between the time of injury and the time of death, such as medical expenses, lost earnings during that interval, and pain and suffering. The availability and scope of each claim vary by jurisdiction.

How are household services valued in a wrongful death case?

Household services may include, but are not limited to, childcare, home maintenance, and transportation that the decedent provided to the family. The method for valuing these services depends on the facts of the case and the applicable legal standards in the jurisdiction.

Where do your economists practice?

Our economists are based in Wisconsin and California. We have particular depth of experience in Wisconsin, Minnesota, Iowa, Illinois, and California, but regularly accept engagements throughout the United States. We provide expert economic analysis nationwide. Logan Kelly has provided expert testimony in federal and state courts across multiple jurisdictions; both economists are available for deposition and trial as needed.

Practice scope Federal and state courts nationwide.

See list of cases with public record →

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