Wrongful Death Economic Damages Expert in Vermont

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

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

Vermont courts and expert standards

Vermont trial judges act as gatekeepers for expert testimony and ask whether the economist is qualified, whether the method is reliable and accepted in the profession, and whether it was applied reliably to the facts of the case. A damages report answers that inquiry by tying each input to the record and naming its published sources.

Where these cases are heard

Highest court: Vermont Supreme Court. Federal venues: D. Vt. Court system: vermontjudiciary.org.

Outside the civil courts, wage-loss disputes in workers' compensation matters proceed before the Vermont Department of Labor, Workers' Compensation Division.

Damages framework

Vermont provides a wrongful death action, brought by the personal representative for the pecuniary injuries to the spouse and next of kin, which the courts read to include the loss of the decedent's companionship and care, alongside a survival action for the decedent's own claims. Recovery is barred once the plaintiff's fault exceeds the combined fault of the defendants, the common-law collateral source rule applies, and prejudgment interest is generally awarded only on liquidated sums or in the court's discretion.

How the analysis is built

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

Frequently asked: wrongful death cases in Vermont

Which Vermont courts hear wrongful death cases?

Wrongful Death cases venued in Vermont are heard in the Superior Court (General jurisdiction; civil, criminal, family, and probate divisions in each county). Final appeals run to the Vermont Supreme Court. Matters within federal jurisdiction proceed in the United States District Court for the District of Vermont.

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

Vermont provides a wrongful death action, brought by the personal representative for the pecuniary injuries to the spouse and next of kin, which the courts read to include the loss of the decedent's companionship and care, alongside a survival action for the decedent's own claims. Recovery is barred once the plaintiff's fault exceeds the combined fault of the defendants, the common-law collateral source rule applies, and prejudgment interest is generally awarded only on liquidated sums or in the court's discretion. Vermont trial judges act as gatekeepers for expert testimony and ask whether the economist is qualified, whether the method is reliable and accepted in the profession, and whether it was applied reliably to the facts of the case. A damages report answers that inquiry by tying each input to the record and naming its published sources.

More questions about wrongful death analysis

References

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