Standard of Care Reviews for Wrongful Death Cases
Standard of Care applied to wrongful death litigation: methodology, deliverables, and case-specific considerations.
How Standard of Care Reviews applies to Wrongful Death
For a decedent, the vocational component reconstructs earning capacity at the time of death using education, training, work history, industry trajectories, and labor market data. In some jurisdictions, a claimant spouse's earning capacity is also evaluated where household services or income contributions are at issue.
Typical deliverables
A written expert report, supporting data appendices, and, when retained, deposition and trial testimony.
Frequently Asked Questions
What is personal consumption and why is it deducted?
Personal consumption is the portion of the decedent's earnings that would have been spent on the decedent's own maintenance rather than provided to survivors. It is deducted so that damages reflect the net economic loss to the survivors, consistent with standard forensic economic practice.
How is lost earning capacity projected for a decedent who had not yet entered the workforce?
For young decedents or those with limited earnings history, economists use education-based and demographic-based earnings tables from Census/CPS data, applied to an expected career path consistent with the decedent's documented abilities and plans.
Are lost household services compensable in wrongful death cases?
In most jurisdictions, yes. Lost household services are valued using time-use survey data and local market wage rates for equivalent services such as childcare, home maintenance, meal preparation, and transportation.
What discount rate is applied to wrongful death damages?
Forensic economists apply discount rates drawn from Treasury yields matched to the projection horizon, often in a net discount rate framework that also accounts for expected wage growth. Jurisdiction-specific rules may apply.
References
Ready to Get Started on standard of care engagements for wrongful death cases?
Contact KWVRS to discuss scope, timing, and the deliverables appropriate to the matter. Plaintiff and defense.