KW Economics provides wrongful death analysis for matters venued in New York. The decedent's earnings and fringe benefits are projected over a documented worklife expectancy, reduced by the decedent's own personal consumption where the New York 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 New York law requires. Plaintiff and defense.
New York's Supreme 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 New York State Workers' Compensation Board. Final appeals in the New York court system run to the Court of Appeals. New York is served by 4 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.
New York's wrongful death recovery has long been measured by the pecuniary injuries to the distributees, which puts lost earnings, lost household services, and the value of parental guidance at the center of the case, while the decedent's conscious pain and suffering is recovered in a survival claim by the estate. Pure comparative fault reduces the award in proportion, awards are reduced after trial by collateral-source payments that replace a cost or expense the jury awarded, larger future damage awards are converted to structured payments by the court, and prejudgment interest in a wrongful death action runs from the date of death. Outside the civil courts, wage-loss disputes in workers' compensation matters proceed before the New York State Workers' Compensation Board.
Wrongful death analysis for New York 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 New York, including the following communities.
KW Economics offers complementary services to support your New York cases.
Yes. KW Economics provides wrongful death analysis for attorneys handling matters venued in New York, 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 New York 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 New York is scheduled case by case: in the New York trial courts by the case management or scheduling order, and in the federal district courts serving New York 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 New York or call (201) 343-0700. Plaintiff and defense counsel.