EcoFin, Inc.

Wrongful Death

Wrongful death and survivorship claims are very similar to Personal Injury cases, but require that the pecuniary loss of earnings capacity, employment benefits and household services (Maintenance and Support) be focused on the extent to which such economic factors would accrue to surviving family members. In addition to calculating the after-tax earnings capacity, employment benefits and household services that have been lost, the Wrongful Death Economist factors in the personal consumption patterns of the decedent in determining the amount of residual income that would have been available to support surviving family members but for the individual’s demise. Household service calculations also reflect the changes that occur at different ages in life.

A critical aspect to properly calculating the personal consumption impact on loss of available earnings that many economists overlook is the need to consider the total family income that is available. The fact that a decedent’s spouse was employed provides additional income that the decedent would have been reasonably expected to consume. Following the death of the individual, however, the surviving family members would not have to “share” any of the surviving spouse’s income with the decedent. As cold as that may sound, it is a hard economic fact. EcoFin, Inc., takes into account the appropriate adjustments for personal consumption, including consumption patterns that are a function of both income levels and the size of households, in arriving at the economic damages that have been sustained in a wrongful death cause.

Click here to view a sample report