How Life Expectancy Tables Are Used in Arizona Wrongful Death Damages

TL;DR

In Arizona wrongful death cases, courts use official life expectancy tables to project the decedent’s likely lifespan had the fatal incident not occurred. These statistical tables, primarily the U.S. Life Tables published by the National Center for Health Statistics (NCHS), provide a baseline for calculating future damages. This projection is essential for determining the value of lost future income, lost household services, and the duration of non-economic losses like the loss of companionship and guidance suffered by the surviving family members. The final damage award is then adjusted based on the decedent’s specific health and lifestyle and reduced to its present cash value.

Key Highlights

Primary Tool: Arizona law permits the use of statistical life expectancy tables to estimate a person’s remaining lifespan for damage calculations.
Official Source: The most commonly used and accepted tables are the U.S. Life Tables from the NCHS, a division of the Centers for Disease Control and Prevention (CDC).
Types of Damages: These tables are crucial for calculating future economic damages (lost earnings, benefits) and non-economic damages (loss of consortium, love, and care).
Individual Adjustments: The standard figures from the tables can be modified by evidence of the decedent’s specific health, occupation, and personal habits.
Expert Involvement: A forensic economist is typically required to analyze the data, apply relevant adjustments, and calculate the present cash value of the total future losses.

When a family in Arizona loses a loved one due to another’s negligence or wrongful act, the law provides a way to seek financial compensation for their profound loss. Wrongful death claims, governed by the Arizona Revised Statutes, are not intended to place a monetary value on a human life itself. Instead, they are designed to compensate the surviving statutory beneficiaries, such as a spouse, children, or parents, for the financial and personal losses they will endure because of the death. In 2022 alone, Arizona recorded thousands of deaths from preventable causes like motor vehicle collisions and unintentional injuries, each representing a potential wrongful death action where calculating future losses is a central challenge.

The legal framework for these claims is established in Arizona Revised Statutes § 12-611 through § 12-613. These statutes specify who can file a claim and what types of damages can be recovered. The core of any wrongful death damage calculation involves looking into the future. The court and the jury must determine the financial support the family would have received and the value of the relationship they have lost over a lifetime. This process requires a method to reasonably estimate how long the decedent would have lived and provided that support and companionship.

To solve this complex problem, the Arizona legal system turns to actuarial science and statistical data. Life expectancy tables are the primary tool used to create a data-driven projection of a person’s lifespan. These tables provide an objective, standardized starting point for a calculation that is otherwise filled with uncertainty. Understanding how these tables are selected, interpreted, and applied is fundamental for any family seeking fair compensation and for appreciating the full scope of what was taken from them. The journey from a statistical number to a final damages award involves detailed analysis, expert testimony, and a careful application of state law.

What Are Life Expectancy Tables and Which Ones Does Arizona Use?

At the heart of a wrongful death damage calculation is a simple but profound question: how many more years was the decedent expected to live? Answering this requires a reliable, unbiased source of information. This is where actuarial life tables come into play.

Defining Actuarial Life Tables

An actuarial life table, or mortality table, is a statistical chart that shows the probable life expectancy for individuals at various ages. These tables are created by demographers and statisticians who analyze vast amounts of population data, primarily from death certificates and census records. The table essentially provides an average number of remaining years a person of a certain age and sex is expected to live, assuming they experience the current mortality rates for the rest of their life.

For example, a life table might show that the average 45-year-old male in the United States has a life expectancy of another 35.2 years, meaning he is statistically likely to live to age 80.2. These are not predictions for any single individual but are powerful statistical averages that provide a legally accepted foundation for financial projections.

The Official Source: U.S. Life Tables from the NCHS/CDC

Arizona does not have its own state-specific life expectancy table for legal proceedings. Instead, its courts consistently rely on the tables produced by the federal government. The most widely accepted and authoritative source is the United States Life Tables, published periodically by the National Center for Health Statistics (NCHS), which is part of the Centers for Disease Control and Prevention (CDC).

These tables are considered the gold standard for several reasons:

Comprehensive Data: They are based on the most recent and complete mortality data for the entire U.S. population.
Objectivity: As a product of a federal agency, they are viewed as impartial and free from bias that might favor either the plaintiff or the defendant.
Regular Updates: The NCHS updates these tables to reflect changes in public health, medical advancements, and lifestyle trends, ensuring the data remains current.

Attorneys and their retained experts will typically use the most recent NCHS life tables available at the time of the trial. This ensures the jury is working with the most accurate statistical information possible.

Why Statistical Averages Are the Legal Standard

Some may question the fairness of using a statistical average to determine damages for a unique individual. However, the legal system requires a predictable and defensible methodology. Using a standardized table prevents the process from becoming a pure guessing game.

The use of these tables provides a baseline that both sides can work from. The plaintiff’s attorney will use the table to establish a maximum potential timeframe for losses, while the defense attorney may argue for a downward adjustment based on the decedent’s specific circumstances. By starting with an objective number, the court ensures that the subsequent arguments are grounded in evidence rather than speculation. The jury is then instructed that the table is not conclusive proof but is one piece of evidence to be considered alongside all other information about the decedent.

Calculating Economic Damages with Life Expectancy Data

Economic damages are the tangible, calculable financial losses that the surviving family members have suffered. Life expectancy data is the engine that drives these calculations, as it establishes the time period over which the losses would have accrued.

Projecting Lost Future Earnings and Earning Capacity

One of the largest components of a wrongful death award is the loss of the decedent’s future income. This calculation seeks to determine the total amount of money the decedent would have earned and contributed to the family over the remainder of their working life.

The process, typically handled by a forensic economist, involves several steps:

Establish a Base Annual Income: The economist starts with the decedent’s earnings at the time of death, including salary, wages, commissions, and bonuses. Evidence like tax returns, pay stubs, and employment contracts is used.
Project Future Growth: The expert projects how that income would have grown over time, factoring in expected raises, promotions, and cost-of-living adjustments based on the decedent’s profession, education, and career trajectory.
Determine the Timeframe: This is where life expectancy is critical. The economist will use the decedent’s life expectancy to establish a general lifespan but will more specifically use work-life expectancy tables to determine the probable retirement age. For example, a 30-year-old decedent might have a life expectancy of 50 more years but a work-life expectancy of 35 more years until a typical retirement age of 65.
Deduct Personal Consumption: The law allows recovery only for the money the decedent would have provided to the family. Therefore, the economist must deduct the amount the decedent would have spent on their own personal needs (food, clothing, personal expenses). This percentage varies based on family size and income level.

The final figure represents the net financial loss of earnings to the family over the decedent’s projected work-life.

Valuing the Loss of Household Services

Beyond a paycheck, a person provides significant value through the services they perform for their family. The loss of these services is a recoverable economic damage in Arizona. Life expectancy is used to calculate the total value of these lost services over the decedent’s projected lifespan.

Examples of compensable household services include:

Childcare and nurturing
Cooking and cleaning
Home maintenance and repairs
Lawn care and gardening
Financial management, such as paying bills and preparing taxes
Transportation for family members

To place a value on these services, an economist will determine the number of hours the decedent spent on these tasks and multiply it by the market rate to hire someone to perform them. This annual value is then projected over the decedent’s full life expectancy, as many of these services would have continued long after retirement.

The Concept of “Work-Life Expectancy” vs. Full Life Expectancy

It is important to distinguish between two different time horizons used in these calculations.

Work-Life Expectancy: This refers to the number of years a person is expected to remain in the workforce. It is used primarily for calculating lost future earnings and benefits tied to employment. It is almost always shorter than full life expectancy.
Full Life Expectancy: This refers to the total number of years a person is expected to live. It is used to calculate the loss of household services, as well as non-economic damages like loss of companionship, which would have continued for the decedent’s entire life.

Using the correct timeframe for each category of damage is essential for an accurate and legally defensible calculation.

Non-Economic Damages and the Role of Life Expectancy

Non-economic damages compensate the family for the intangible, personal losses that are often the most painful. These damages are not easily calculated with a spreadsheet, but life expectancy still plays a vital role in helping a jury understand the duration and magnitude of the loss.

Loss of Consortium, Companionship, and Guidance

Under Arizona law (A.R.S. § 12-613), beneficiaries can recover damages for the loss of love, affection, companionship, care, protection, and guidance. This is often referred to as “loss of consortium,” particularly in the context of a surviving spouse.

For a Spouse: The loss of a partner’s companionship, intimacy, and emotional support is a profound loss. The jury will consider the joint life expectancy of the couple to determine the length of time the surviving spouse has been deprived of this relationship.
For Children: Children lose a parent’s guidance, nurturing, and instruction. The duration of this loss is measured from the time of the parent’s death until the child reaches the age of majority, and in many cases, for the entire projected life of the parent, as the need for parental guidance can continue into adulthood.
For Parents: Parents who lose a child, whether a minor or an adult, can recover for the loss of their child’s love and companionship for the remainder of the parents’ or the child’s life, whichever is shorter.

Life expectancy provides the jury with a concrete timeframe to conceptualize the emptiness left by the decedent’s absence. A 50-year loss of companionship is demonstrably different from a 5-year loss.

Quantifying Anguish and Sorrow for the Beneficiaries

Arizona is one of the few states that allows statutory beneficiaries to recover damages for their own “pain, grief, sorrow, stress, and mental suffering” resulting from the death. While this is a deeply personal and subjective experience, the expected duration of the decedent’s life can influence a jury’s assessment. The knowledge that a loved one was deprived of decades of life can directly contribute to the depth and longevity of a family’s grief.

How a Beneficiary’s Life Expectancy Matters

In some situations, the life expectancy of the beneficiary is just as important as the decedent’s. The law generally holds that a beneficiary can only recover for losses they would have reasonably been expected to experience.

For example, consider a case where a 40-year-old man with a life expectancy of another 40 years is killed. He is survived by his 85-year-old mother, who has a life expectancy of 5 more years. For damages related to the loss of her son’s companionship, her recovery would likely be limited to her own 5-year life expectancy, not her son’s 40-year expectancy. This is because she could only have experienced that loss for the remainder of her own life. This principle ensures that damage awards are based on the actual, overlapping lifespan of the relationship.

Adjusting the Numbers: Factors That Modify Life Expectancy Tables

The figures in a life expectancy table are only a starting point. They represent an average person. The legal process allows both the plaintiff and the defendant to present evidence showing why the decedent’s individual life expectancy was likely to be shorter or longer than the statistical average.

The Decedent’s Pre-existing Health Conditions

The most significant factor used to adjust life expectancy is the decedent’s overall health before the fatal incident.

Negative Factors: The defense may introduce medical records showing the decedent suffered from chronic conditions like heart disease, diabetes, cancer, or high blood pressure. They might argue that these conditions would have likely shortened the decedent’s lifespan, regardless of the wrongful act.
Positive Factors: Conversely, the plaintiff’s attorney can present evidence that the decedent was in excellent physical condition, exercised regularly, maintained a healthy diet, and had no significant health issues. This evidence supports the argument that the decedent might have outlived the statistical average.

Lifestyle Choices and Habits (e.g., Smoking)

Personal habits can have a major impact on longevity. A defense attorney will almost certainly investigate lifestyle choices that could reduce life expectancy.

Smoking: A history of smoking is one of the most common factors used to argue for a shorter life expectancy.
Substance Abuse: A history of alcohol or drug abuse can also be used to argue for a reduced lifespan.
Obesity: A significantly high body mass index (BMI) may be presented as a factor that could have led to future health complications.

The plaintiff can counter this by showing the decedent had recently quit smoking, was actively managing their weight, or had a lifestyle that was otherwise healthy.

Occupation and Associated Risks

The type of work a person did can also be relevant. Someone with a dangerous job, such as a roofer, logger, or pilot, has a higher statistical risk of premature death than someone with a desk job. While the wrongful death was caused by a specific act of negligence, the defense may argue that the decedent’s overall risk profile should be considered when evaluating their long-term life expectancy.

The Role of Expert Testimony in Individualizing Data

These adjustments are not made arbitrarily. They are presented to the jury through the testimony of expert witnesses.

Medical Experts: Doctors and specialists can testify about the decedent’s health conditions and how those conditions likely would have affected their longevity.
Vocational Experts: These experts can testify about the decedent’s career path, earning potential, and the risks associated with their occupation.
Forensic Economists: The economist will take all this information, including the baseline life expectancy and any proposed adjustments, to create a range of possible financial loss scenarios for the jury to consider.

Ultimately, the jury weighs all the evidence and decides on a life expectancy figure that they believe is reasonable and just for the specific individual who was lost.

The Process in Court: Presenting Life Expectancy Evidence

Understanding the theory behind life expectancy tables is one thing; seeing how they are used in a real Arizona courtroom is another. The presentation of this evidence is a structured process designed to give the jury the information it needs to make a fair decision.

Introducing the Tables as Evidence

The life expectancy tables themselves must be formally admitted into evidence. An attorney will typically ask the judge to take “judicial notice” of the NCHS tables. Judicial notice is a rule of evidence that allows a court to accept certain facts as true without formal proof because they are easily verifiable and come from an indisputable source, like a government publication. Once the judge takes judicial notice, the tables are accepted as a valid piece of evidence for the jury to use.

The Role of the Forensic Economist

The central figure in presenting this data is the forensic economist. This expert witness does not simply hand the jury a table. Instead, they perform a comprehensive analysis and present their findings in a clear, understandable way.

The economist’s testimony will typically cover:

An explanation of what life expectancy and work-life expectancy tables are.
The decedent’s projected career path and earnings growth.
The calculation of lost wages, benefits, and retirement contributions.
The monetary value of the decedent’s lost household services.
The final calculation of total economic loss, reduced to its present cash value.

The economist acts as a teacher, guiding the jury through the complex financial calculations and explaining the assumptions behind them.

Reducing Future Damages to Present Cash Value

A jury cannot simply multiply an annual loss by the number of years of life expectancy to arrive at a final number. The law requires that future damages be reduced to their present cash value. This is a crucial financial concept.

Present cash value is the amount of money that, if received today and invested wisely, would grow over time to equal the total amount of the future lost income. The idea is that a dollar today is worth more than a dollar ten years from now because it can be invested and earn interest.

The forensic economist calculates this by applying a discount rate to the total future losses. The selection of an appropriate discount rate, which accounts for inflation and safe investment returns, is often a point of contention between the plaintiff’s and defendant’s experts. A lower discount rate results in a higher present cash value, while a higher discount rate results in a lower value.

Jury Instructions on Using Life Expectancy Data

At the end of the trial, the judge provides the jury with a set of legal instructions. Regarding life expectancy, the judge will typically explain:

That the life expectancy table is evidence they can consider.
That the figure in the table is not conclusive and is only a statistical average.
That they should consider all other evidence regarding the decedent’s health, habits, and circumstances to determine a reasonable life expectancy for that specific person.
That all future damages must be reduced to their present cash value.

These instructions ensure the jury uses the data correctly as one part of their overall deliberation on damages.

Arizona Law and Key Legal Precedents

The entire framework for using life expectancy tables is built upon a foundation of Arizona statutes and the court cases that have interpreted them over the years. A solid understanding of this legal background is essential for any wrongful death claim.

Understanding A.R.S. § 12-611: The Basis for the Claim

This statute is the starting point for any wrongful death action in Arizona. It establishes that when a person’s death is caused by a “wrongful act, neglect, or default,” and the person would have been able to file a personal injury lawsuit had they lived, then a claim for wrongful death may be brought. The claim is filed on behalf of the surviving spouse, children, parent, or personal representative of the estate. This law creates the legal right to seek compensation.

A.R.S. § 12-613: Defining Recoverable Damages

This is the key statute that outlines what a jury can award in damages. It states that the jury “shall give such damages as it deems fair and just with reference to the injury resulting from the death to the surviving parties who may be entitled to recover.” The statute explicitly allows the jury to consider the “mitigating or aggravating circumstances attending the wrongful act.”

Arizona courts have interpreted this broad language to include the economic and non-economic losses discussed previously:

Lost financial support and services.
Loss of companionship, comfort, and guidance.
The pain and suffering of the surviving beneficiaries.

The use of life expectancy tables is a court-approved method for making the calculation of these damages “fair and just” by grounding them in objective data.

Case Law: How Arizona Courts Have Interpreted the Use of These Tables

Over decades, the Arizona Supreme Court and Court of Appeals have issued rulings that shape how life expectancy evidence is handled. For instance, in cases like Sprouse v. Morris, the courts have affirmed that mortality tables are admissible evidence and that juries should be instructed on how to use them in conjunction with other evidence about the decedent’s health and habits.

These court decisions have established important principles:

The NCHS/CDC tables are the standard and are presumptively admissible.
Expert testimony is necessary to explain the tables and perform the present cash value calculation.
The jury has the final say in determining the decedent’s likely lifespan based on all the evidence presented.
Both the decedent’s and the beneficiary’s life expectancies can be relevant, depending on the type of damage being considered.

This body of case law provides the rules of the road for arizona wrongful death attorneys, experts, and judges, ensuring a consistent and predictable application of these important tools in wrongful death litigation across the state.

Conclusion

Life expectancy tables are far more than just columns of numbers; they are a critical legal instrument for achieving justice in Arizona wrongful death claims. They provide a necessary, objective framework for quantifying the immense future losses a family endures when a loved one is taken from them prematurely. By establishing a probable lifespan, these tables enable forensic economists and juries to calculate the full extent of lost financial support, lost household services, and the decades of lost love, guidance, and companionship.

However, these tables are never the final word. The Arizona legal system wisely recognizes that every life is unique. The statistical averages provided by the NCHS are a starting point, which must then be tailored to the individual by considering specific evidence about the decedent’s health, lifestyle, and occupation. This balanced approach, combining objective data with individualized evidence, allows for a damage award that is both data-driven and deeply human. The process is intricate, requiring the careful presentation of evidence and the persuasive testimony of medical and financial experts.

If your family is coping with the loss of a loved one due to someone else’s actions, understanding your legal rights is a critical step. The calculation of damages in a wrongful death case is a complex undertaking that demands experience and specialized knowledge. To ensure your family’s future losses are properly valued and presented, it is vital to consult with a skilled Arizona wrongful death attorney. An attorney who is proficient in working with forensic economists and presenting life expectancy evidence can protect your rights and help you secure the fair compensation your family deserves. Contact us for free evaluation today.