It’s impossible to put a dollar amount on the loss that occurs when a loved one dies in an accident, but wrongful death claims are filed with this intent. Connecticut’s Wrongful Death Statute allows the estate of a person who has been killed due to the negligence of another a way to cover the expenses incurred by the family, such as medical care and funeral costs, the loss of the ability of the deceased person to earn money, and fairly and reasonably compensate for the physical pain and suffering sustained by the deceased before death.
One factor in these calculations is determining how long the decedent would have lived if they had not died due to the negligent actions of another person. In this blog, we’ll review some of the considerations that go into determining the potential lifespan in a wrongful death claim.
Life expectancy models
There is no single legal standard to determine a decedent’s potential life expectancy. The courts will consider each wrongful death claim on a case-by-case basis and often rely on life expectancy models in making its determination. Attorneys must present a model they believe is both accurate and relevant to their claim.
The strongest life expectancy models are evidence-based and peer-reviewed. For example, courts will often rely on models presented by agencies like the Social Security Administration and the Centers for Disease Control and Prevention.
The court may also rely on expert witnesses to interpret these models and apply them to the claim. Once a reasonably likely lifespan is determined, forensic economists will consider data such as the decedent’s earnings and potential future income to determine how much they likely would have earned if they had not lost their life.
Factors influencing life expectancy
Several factors may be considered when determining how long the decedent would have been able to live had the accident not occurred. Key ones include:
- Age: In general, these trusted sources use calculations that determine those who will have a longer lifespan than others. At times, if a younger person has not established a history of earning capacity, they may have a tougher time convincing a jury of that person’s future losses.
- Gender: Life expectancy is greater for women, with current data showing that women live an average of six years longer than men.
- Health history: The decedent’s health history, as well as their family health history, will help determine potential lifespan.
- Lifestyle: Good habits such as regular exercise, adequate sleep, and a nutritious diet can also add to the expected lifespan.
- Occupation: The calculated lifespan will be longer if the decedent was involved in a relatively risk-free career, such as a job in an office environment.
Common arguments for shortening life expectancy
The defense in a wrongful death claim will naturally argue for a shorter expected lifespan in these calculations since doing so will also reduce the overall compensation owed to the estate. Some common points the defense may raise in arguing for a shorter life expectancy include:
- Pre-existing health conditions: The presence of any serious health problems, including chronic issues like asthma or diabetes, a family history of serious illnesses, or past injuries or surgeries that could contribute to an earlier death.
- Lifestyle choices: Some lifestyle choices may be associated with a reduction in lifespan, including smoking, substance abuse, or sedentary habits.
- Risk-taking: Anything that shows the decedent was prone to riskier and potentially lethal behaviors, such as a reckless driving record or dangerous hobbies.
- Occupational hazards: This issue may be raised if the decedent was employed in a position with a higher rate of on-the-job injuries or deaths or if their job is associated with high stress or other factors that could potentially shorten their lifespan. The defense may also argue that the decedent’s working years would have been limited due to this factor.
- Lower socioeconomic status: If the decedent has a lower socioeconomic status, the defense may argue that this would have reduced their likely lifespan. They may also use this factor to argue that the decedent would have less earning potential in the future.
The family of the decedent can rebut these claims by presenting evidence that can strengthen the argument that the decedent would have enjoyed a long lifespan. This might include health records showing that any pre-existing conditions were not severe or were being managed through treatment, professional certifications showing a commitment to safety at work, or indications that the decedent had quit smoking or was otherwise making efforts to adopt a healthier lifestyle.
Lifespan versus working life
Calculations in wrongful death suits must also distinguish between how long the decedent was likely to live and how long they were likely to work. Both factors will be considered in order to weigh potential earnings against the living expenses the decedent would likely incur in their retirement.
Economic models will consider factors such as the average number of working years in the decedent’s profession, their likely retirement age, and other data points such as statistics on the state and national labor participation rate. They will also attempt to project the decedent’s likely career based on information such as age, education, income, work history, and industry trends.
These models will also consider income the decedent would have continued to earn after they left the workforce. This may include the appreciation of value in assets such as retirement accounts, stocks, bonds, and real estate, as well as passive income.
Considerations for children and elderly decedents
There are unique challenges in determining damages for wrongful death claims involving children. Although the court will regard the death of a child due to negligence as a particularly egregious loss, it will not often consider lost earning potential when determining damages. This is because the lack of data on the child’s health, education, and career trajectory would make such a determination purely speculative.
Lost earnings may be considered for older children, such as high school and college students when it can be shown that they were on track to start a career. This is more likely when their academic record, extracurricular activities, and internships can be presented as evidence to show that they were working toward a certain field.
The court is also less likely to consider lost earnings in wrongful death claims involving elderly clients, even if they were working at the time of their passing, because they may have been near the end of their expected lifespan. However, lost earnings may still be awarded if the plaintiff can show evidence, such as medical records and work history, to demonstrate that the decedent was in good health and planned to continue working.
Let’s review your case
Wrongful death claims are very complex, and a skilled attorney can help you determine fair compensation. If you have suffered the loss of a loved one due to the negligence of another person, Anderson Trial Lawyers can help you receive fair compensation for your loss through a thoughtfully prepared wrongful death claim. Contact us online or call 860.886.8845 to set up a free consultation.
