Wrongful Death Economic Damages Expert in Illinois

By Christopher Skerritt, M.Ed., MBA, Chief of Economic Services · Published · Reviewed

KW Economics prepares economic damages analyses for wrongful death cases venued in Illinois: the components the loss claim consists of, the records that drive them, and a present value built to Illinois's damages rules and venues. Plaintiff and defense.

A wrongful death economic claim measures what the decedent would have contributed to the household over an expected life: earnings and benefits net of personal consumption, household services, and support to each dependent, reduced to present value under the framework counsel identifies. Read the full wrongful death analysis guide.

Illinois courts and expert standards

Illinois courts ask whether the methodology behind an expert opinion is generally accepted in the relevant professional community, and separately whether the economist is qualified by training and experience and applied the method to the facts of the case. Forensic economic methods for lost earnings, worklife, and present value are published and long used, so the examination usually turns on the inputs and their support in the record.

Where these cases are heard

Highest court: Illinois Supreme Court. Federal venues: N.D. Ill., C.D. Ill., S.D. Ill. Court system: illinoiscourts.gov.

Outside the civil courts, wage-loss disputes in workers' compensation matters proceed before the Illinois Workers' Compensation Commission.

Damages framework

Illinois pairs a wrongful death action for the pecuniary injuries to the spouse and next of kin, which now include grief and loss of society, with a survival action for the decedent's own claims, including earnings lost between injury and death. Recovery is barred once the plaintiff's fault exceeds half, the common-law collateral source rule applies with a post-verdict reduction procedure in medical malpractice cases, and prejudgment interest on personal injury and wrongful death awards now runs from the filing of the action.

How the analysis is built

The same four steps apply to a wrongful death case venued in Illinois; the damages framework above decides which components enter the total.

  1. Establish the decedent's earnings and fringe benefit base from the tax, wage, and benefit records.
  2. Project the base over a worklife expectancy with a stated wage growth rate.
  3. Deduct personal consumption from published household expenditure data and add household services and support to each dependent over its period.
  4. Discount every future stream to present value at a stated rate and show the sensitivity of the total to the contested assumptions.

Attorney guides for wrongful death cases

Other case types in Illinois

Frequently asked: wrongful death cases in Illinois

Which Illinois courts hear wrongful death cases?

Wrongful Death cases venued in Illinois are heard in the Circuit Court (General jurisdiction; 25 judicial circuits across the state, including the Circuit Court of Cook County). Final appeals run to the Illinois Supreme Court. Matters within federal jurisdiction proceed in the United States District Courts for the Northern District of Illinois, Central District of Illinois, and Southern District of Illinois.

How does Illinois's damages framework shape the economic analysis?

Illinois pairs a wrongful death action for the pecuniary injuries to the spouse and next of kin, which now include grief and loss of society, with a survival action for the decedent's own claims, including earnings lost between injury and death. Recovery is barred once the plaintiff's fault exceeds half, the common-law collateral source rule applies with a post-verdict reduction procedure in medical malpractice cases, and prejudgment interest on personal injury and wrongful death awards now runs from the filing of the action. Illinois courts ask whether the methodology behind an expert opinion is generally accepted in the relevant professional community, and separately whether the economist is qualified by training and experience and applied the method to the facts of the case. Forensic economic methods for lost earnings, worklife, and present value are published and long used, so the examination usually turns on the inputs and their support in the record.

More questions about wrongful death analysis

References

Request a consultation on wrongful death cases in Illinois or call (201) 343-0700. Plaintiff and defense counsel.