Retaining an Expert for Wrongful Death Cases
Wrongful death engagements typically involve a forensic economist (primary) and a vocational expert (when earning capacity reconstruction is complex). The economist projects and discounts lost earnings net of personal consumption.
Checklist
- Gather decedent's employment history, tax returns, W-2s
- Confirm jurisdictional rules on personal consumption and collateral sources
- Retain forensic economist; consider vocational expert for complex cases
- Document household services performed by the decedent
- Identify surviving dependents and applicable jurisdictional damages
Questions to ask the expert
- How do you apply personal consumption?
- What worklife tables and discount rates will you use?
- Can you project for a decedent with limited earnings history?
- How do you quantify lost household services?
Timeline
Reports are typically 30 to 60 days from receipt of complete records.
Required documents
- Birth certificate, death certificate
- Tax returns (3-5 years)
- W-2s and pay stubs
- Employer benefits summary
- Household composition and dependents information
Common pitfalls
- Overlooking fringe benefits in the projection
- Applying a generic personal consumption percentage without household-specific adjustment
- Missing jurisdictional collateral source rules
Frequently Asked Questions
Do we always need both a vocational expert and an economist?
Economist is typically required. Vocational expert is added when earning capacity reconstruction requires vocational opinion (e.g., episodic employment history).
References
- BLS American Time Use SurveyGovernment
- U.S. Treasury Yield CurvesGovernment
Ready to Get Started on wrongful death cases?
Contact KWVRS to discuss scope, timing, and the deliverables appropriate to the matter. Plaintiff and defense.