Wrongful Death Economic Damages Expert in Tennessee

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

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

Tennessee courts and expert standards

Tennessee courts ask whether the economist is qualified by training and experience, whether the facts and data behind the opinion are trustworthy, and whether the method is reliable and was applied to the case, with the trial judge acting as gatekeeper. An economic damages report meets that inquiry by naming the published source behind every rate and table and tying each assumption to the record.

Where these cases are heard

Highest court: Tennessee Supreme Court. Federal venues: E.D. Tenn., M.D. Tenn., W.D. Tenn. Court system: tncourts.gov.

Outside the civil courts, wage-loss disputes in workers' compensation matters proceed before the Tennessee Bureau of Workers' Compensation.

Damages framework

Tennessee gathers the death claim into a single action that carries forward the decedent's own cause of action: recovery includes the decedent's pre-death losses and suffering, medical and funeral expenses, the pecuniary value of the decedent's life measured from earnings and life expectancy net of personal expenses, and the survivors' loss of consortium. Recovery is barred once the plaintiff's fault reaches half, the collateral source rule applies outside health care liability claims, statutory limits apply to noneconomic damages in most cases while economic damages are unlimited, and prejudgment interest is discretionary.

How the analysis is built

The same four steps apply to a wrongful death case venued in Tennessee; 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 Tennessee

Frequently asked: wrongful death cases in Tennessee

Which Tennessee courts hear wrongful death cases?

Wrongful Death cases venued in Tennessee are heard in the Circuit Court (General jurisdiction; civil cases and criminal jury trials) and the Chancery Court (Equity jurisdiction; contracts, trusts, corporate matters). Final appeals run to the Tennessee Supreme Court. Matters within federal jurisdiction proceed in the United States District Courts for the Eastern District of Tennessee, Middle District of Tennessee, and Western District of Tennessee.

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

Tennessee gathers the death claim into a single action that carries forward the decedent's own cause of action: recovery includes the decedent's pre-death losses and suffering, medical and funeral expenses, the pecuniary value of the decedent's life measured from earnings and life expectancy net of personal expenses, and the survivors' loss of consortium. Recovery is barred once the plaintiff's fault reaches half, the collateral source rule applies outside health care liability claims, statutory limits apply to noneconomic damages in most cases while economic damages are unlimited, and prejudgment interest is discretionary. Tennessee courts ask whether the economist is qualified by training and experience, whether the facts and data behind the opinion are trustworthy, and whether the method is reliable and was applied to the case, with the trial judge acting as gatekeeper. An economic damages report meets that inquiry by naming the published source behind every rate and table and tying each assumption to the record.

More questions about wrongful death analysis

References

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