Wrongful death analysis is billed at an hourly rate against a retainer established at the outset, with a written fee schedule and a cost estimate before work begins. The scope of the engagement, and so its cost, depends on the factors below.
How wrongful death is billed
Wrongful death analysis is billed at an hourly rate for records review, data collection, modeling, report preparation, and testimony. A retainer is established at the outset and applied against time incurred. The current rate schedule and retainer terms are provided on request and confirmed in a written engagement agreement.
What sets the scope
Wrongful death engagements are scoped to the number of loss components, the number of survivors whose support must be modeled, and the depth of the decedent's earnings and household record. A single wage earner with dependents and a clear work history is the narrowest scope; a self-employed decedent, a homemaker whose services must be reconstructed, or several survivor classes with different support periods widen it. We provide a written fee schedule and a cost estimate before work begins.
What drives cost
Number of loss components claimed: lost earnings and benefits, lost household services, lost financial support, and any lost accumulation to the estate
Volume of earnings records, tax returns, and benefit documents available for the decedent
Number of survivors and the period over which support to each must be projected
Whether a personal consumption deduction must be developed from household expenditure data and the household's composition
State-specific framework questions that change which components are measured and to whom
Deposition and trial testimony, including preparation and travel time