KW Economics prepares household services analysis for wrongful death cases venued in Kentucky: what the loss claim consists of, the records that drive it, and a present value built to Kentucky damages rules and venues. Plaintiff and defense.
In a wrongful death claim the household services component measures the housework, child care, home and vehicle maintenance, shopping, and care of other household members the decedent provided and can no longer provide. The economist draws the hours from the household's account and time-use data for a person of similar circumstances, prices each category at the local replacement wage, and projects the loss over the period the survivors would have received the services, which changes as children age and the household changes. The component stands on its own and can approach or exceed the earnings loss when the decedent was a full-time homemaker or a caregiver.
Replacement-cost valuation of the household production an injured or deceased person can no longer provide: meal preparation, cleaning, home and vehicle maintenance, shopping, child care, and care of other household members. The hours are drawn from national time-use data adjusted to the person's household composition and pre-injury role, and each category is priced at the local wage for the occupation that would replace it, then projected and discounted over the period of loss.
For a working-age decedent with dependents, net lost earnings and benefits are usually the largest component, and the personal consumption deduction is the assumption most likely to be contested because it scales the whole earnings figure. Household services can approach or exceed the earnings loss when the decedent was a full-time homemaker or a caregiver for a child or disabled family member. The length of the projection matters: life and worklife expectancy, the retirement age assumed, and whether support continues past a child's majority all change the total materially.
Kentucky trial judges act as gatekeepers for expert testimony and ask whether the method is reliable, whether it has been tested and accepted in the profession, and whether it fits the facts of the case, with the witness qualified by training and experience. A damages report meets that inquiry by stating its assumptions and naming the data behind each one.
Highest court: Kentucky Supreme Court. Court system: kycourts.gov.
Federal venues: Eastern District of Kentucky, Western District of Kentucky.
Outside the civil courts, wage-loss disputes in workers' compensation matters proceed before the Kentucky Department of Workers' Claims.
Kentucky measures wrongful death by the destruction of the decedent's power to earn money, a recovery that belongs to the estate and turns directly on the economist's projection of the decedent's earnings, with consortium claims brought separately by the spouse and minor children. Pure comparative fault reduces the award in proportion, the common-law collateral source rule applies after the courts set aside a statute admitting collateral payments, and prejudgment interest on unliquidated damages is discretionary.
We issue the final report and provide deposition and trial testimony and rebuttal of opposing household services opinions.
In a wrongful death claim the household services component measures the housework, child care, home and vehicle maintenance, shopping, and care of other household members the decedent provided and can no longer provide. The economist draws the hours from the household's account and time-use data for a person of similar circumstances, prices each category at the local replacement wage, and projects the loss over the period the survivors would have received the services, which changes as children age and the household changes. The component stands on its own and can approach or exceed the earnings loss when the decedent was a full-time homemaker or a caregiver.
Kentucky trial judges act as gatekeepers for expert testimony and ask whether the method is reliable, whether it has been tested and accepted in the profession, and whether it fits the facts of the case, with the witness qualified by training and experience. A damages report meets that inquiry by stating its assumptions and naming the data behind each one. Wrongful Death cases venued in Kentucky are heard in the Circuit Court (General jurisdiction; larger civil cases, felonies, domestic relations), with final appeals to the Kentucky Supreme Court. Matters within federal jurisdiction proceed in the Eastern District of Kentucky and Western District of Kentucky.
Kentucky measures wrongful death by the destruction of the decedent's power to earn money, a recovery that belongs to the estate and turns directly on the economist's projection of the decedent's earnings, with consortium claims brought separately by the spouse and minor children. Pure comparative fault reduces the award in proportion, the common-law collateral source rule applies after the courts set aside a statute admitting collateral payments, and prejudgment interest on unliquidated damages is discretionary. The report presents past and future amounts separately, states every rate and table with its source, and shows the result under the alternatives the other side is likely to argue, so counsel can apply the Kentucky rules to a documented figure.
Request a consultation on Household Services or call (201) 343-0700. Plaintiff and defense counsel.