KW Economics provides wrongful death analysis for matters venued in Kentucky. The decedent's earnings and fringe benefits are projected over a documented worklife expectancy, reduced by the decedent's own personal consumption where the Kentucky measure of damages calls for it, and combined with the replacement cost of the household services the decedent would have provided. Each stream is discounted to present value, and the report keeps the components separate so counsel can include or remove any of them as Kentucky law requires. Plaintiff and defense.
Kentucky's Circuit Court is the primary trial-level forum for the personal injury, wrongful death, employment, and commercial damages claims these analyses support. Workers' compensation claims, where the dispute is over wage-loss benefits rather than tort damages, are administered by the Kentucky Department of Workers' Claims. Final appeals in the Kentucky court system run to the Kentucky Supreme Court. Kentucky is served by 2 federal district courts, where the same analyses are offered under the federal expert-disclosure framework.
The economic loss to survivors when a wage earner or homemaker dies: the decedent's lost earnings and fringe benefits net of personal consumption, the household services the decedent would have provided, and the financial support that would have flowed to dependents. Which elements are recoverable, and whether the loss is measured to the estate or to the survivors, vary by state, so the analysis is structured to the framework counsel identifies and every assumption is stated so it can be examined.
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. Outside the civil courts, wage-loss disputes in workers' compensation matters proceed before the Kentucky Department of Workers' Claims.
Wrongful death analysis for Kentucky matters is directed by Christopher Skerritt, M.Ed., MBA, Chief of Economic Services, who is available to testify to it.
Our experts serve clients throughout Kentucky, including the following communities.
KW Economics offers complementary services to support your Kentucky cases.
Yes. KW Economics provides wrongful death analysis for attorneys handling matters venued in Kentucky, for plaintiff and defense counsel, with the analysis sized to the engagement scope and built from the records that drive the claim and from data for the Kentucky market rather than from national averages.
A complete engagement typically includes a records request tailored to the claim (the decedent's tax returns, pay and benefit records, and the household's composition and routine), a review of the record and the pleadings, a written statement of assumptions, a report that presents each loss component and its present value, review and rebuttal of any opposing report, and deposition and trial testimony when required. Scope and turnaround are calibrated to the case posture and the governing disclosure framework.
Expert disclosure in Kentucky is scheduled case by case: in the Kentucky trial courts by the case management or scheduling order, and in the federal district courts serving Kentucky by the federal expert-disclosure framework, under which the written report, the materials considered, and the testimony history are served together. KW Economics confirms the disclosure date at retention and sizes the records request and turnaround to it; counsel confirms the governing deadline for the case.
Request a consultation on Wrongful Death in Kentucky or call (201) 343-0700. Plaintiff and defense counsel.