KW Economics provides wrongful death analysis for matters venued in North Dakota. The decedent's earnings and fringe benefits are projected over a documented worklife expectancy, reduced by the decedent's own personal consumption where the North Dakota 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 North Dakota law requires. Plaintiff and defense.
North Dakota's District 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 North Dakota Workforce Safety and Insurance. Final appeals in the North Dakota court system run to the North Dakota Supreme Court. North Dakota is served by 1 federal district court, 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.
North Dakota pairs a wrongful death action for the damages to the surviving spouse, children, or parents with a survival action for the estate, and a statutory limit applies to noneconomic damages in health care malpractice claims while economic damages are unlimited. Recovery is barred once the plaintiff's fault equals or exceeds the combined fault of the defendants, economic damages are reduced after verdict by collateral-source payments other than those the plaintiff purchased or that carry a subrogation right, and prejudgment interest is generally limited to sums that were certain when the loss occurred. Outside the civil courts, wage-loss disputes in workers' compensation matters proceed before the North Dakota Workforce Safety and Insurance.
Wrongful death analysis for North Dakota 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 North Dakota, including the following communities.
KW Economics offers complementary services to support your North Dakota cases.
Yes. KW Economics provides wrongful death analysis for attorneys handling matters venued in North Dakota, 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 North Dakota 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 North Dakota is scheduled case by case: in the North Dakota trial courts by the case management or scheduling order, and in the federal district courts serving North Dakota 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 North Dakota or call (201) 343-0700. Plaintiff and defense counsel.