When a family loses someone unexpectedly, the grief is often compounded by financial uncertainty. Beyond funeral expenses and immediate losses, many survivors worry about how to account for what their loved one would have contributed in the years to come. In Vermont, the law recognizes these future losses and allows compensation for them in wrongful death cases — but determining their value requires a complex mix of legal insight, expert testimony, and economic projection.
This article explains how future losses are calculated under Vermont wrongful death law, what factors courts consider, and why having the right legal and financial experts on your side can make all the difference.
Understanding Future Losses in Vermont Wrongful Death Claims
In Vermont, a wrongful death claim can be filed when a person’s death is caused by another’s negligence, recklessness, or wrongful act. Under Vermont Statutes Annotated §1492, eligible family members may seek damages not only for direct costs like medical bills and funeral expenses but also for future economic and non-economic losses — the long-term impacts of losing a loved one’s presence, earnings, and support.
Future losses aim to restore what the deceased would have contributed if they had lived a full life. This might include financial support, services like childcare or home maintenance, and emotional and relational support that family members can no longer rely on.
Types of Future Losses Recognized in Vermont
Courts in Vermont consider several categories of losses when determining compensation. Future losses are primarily divided into economic and non-economic damages:
Economic Future Losses
These include the measurable financial contributions the deceased would likely have provided:
- Lost future income and benefits (including bonuses, pensions, and healthcare coverage)
- Loss of inheritance or financial support for dependents
- Value of household services such as childcare, elder care, or maintenance work
Non-Economic Future Losses
These reflect the emotional and relational void left behind:
- Loss of companionship and guidance for spouses and children
- Loss of parental nurturing and care
- Emotional suffering experienced by surviving family members
While non-economic losses are inherently subjective, courts often rely on precedent and testimony to assign fair compensation that reflects the severity and longevity of the family’s emotional suffering.
The Role of Economists in Estimating Future Earnings
One of the most challenging aspects of wrongful death claims in Vermont is projecting the deceased’s future earning capacity. Economists and vocational experts play a key role in these assessments.
They typically consider:
- The deceased’s age, education, and career trajectory
- Work-life expectancy tables that estimate years of employability
- Potential raises, promotions, and inflation adjustments
- Historical earnings and professional records
- Tax implications and present value adjustments
For instance, if a 35-year-old professional earning $70,000 annually with expected career growth passes away, economists will calculate what they might have earned until retirement, adjusted to present-day value. This ensures that survivors receive compensation reflecting both the deceased’s realistic financial potential and the time value of money.
How Vermont Courts Account for Inflation and Present Value
In wrongful death claims, the court must ensure that awarded damages reflect the value of future income in today’s dollars. Vermont courts commonly apply discount rates and inflation factors to convert future losses into present value.
This means if a deceased person was projected to earn $2 million over 25 years, the economist may apply a discount rate (for instance, 3%) to determine what that sum is worth if paid out now. This adjustment prevents overcompensation while maintaining fairness for survivors.
Factors That Affect Future Loss Calculations in Vermont
Every wrongful death case is unique, and the projection of future losses depends on multiple variables. Some of the most significant include:
- Age and health of the deceased at the time of death
- Occupation and career advancement potential
- Dependency of survivors — both financial and emotional
- Life expectancy as determined by medical and statistical data
- Work and income history supported by tax returns or employer statements
Courts also consider the probability of continued employment, especially in industries where layoffs or occupational hazards are common.
Non-Economic Future Losses: Emotional Impact on Families
While financial losses can be quantified, emotional losses cannot — yet they often weigh just as heavily. Vermont law recognizes that surviving spouses and children lose far more than money when a loved one dies.
To account for this, juries and judges evaluate testimony describing the deceased’s role in the family — such as whether they were the primary caregiver, mentor, or emotional anchor. Statements from family members, friends, and counselors can illustrate the depth of loss suffered.
For example, a surviving child’s loss of parental guidance may influence long-term development, relationships, and emotional health. In these cases, Vermont courts often award compensation to acknowledge these lifelong impacts, even though they are not directly measurable.
Common Misunderstandings About Future Losses in Vermont
Many families initially underestimate the scope of what can be claimed in a wrongful death lawsuit. Common misconceptions include:
- Thinking only the deceased’s current salary is recoverable
- Believing emotional suffering cannot be compensated
- Assuming older victims’ future losses are minimal
- Not realizing household services and caregiving hold measurable value
Understanding these distinctions early in a claim helps families and attorneys build a stronger case supported by proper documentation and expert testimony.
Key Steps in Proving Future Losses
Because projections must be credible and defensible, Vermont courts require detailed evidence and expert validation. A strong wrongful death claim typically follows this process:
Document Earnings History — Gather pay stubs, tax returns, and employment records.
Establish Career Potential — Provide education credentials, performance reviews, or expert assessments of advancement.
Consult Economic Experts — Work with specialists to forecast lifetime earnings, benefits, and inflation.
Include Non-Economic Testimony — Present family impact statements and psychological evaluations.
Calculate Present Value — Convert projected sums into a reasonable current payout that reflects fair compensation.
Each step ensures the court has a factual, legally sound basis for determining damages that accurately represent the family’s long-term loss.
Case Precedents in Vermont Wrongful Death Claims
Vermont courts have addressed the issue of future losses in several cases that help guide today’s wrongful death evaluations.
In Vermont Electric Power Co. v. Anderson (2013), the court affirmed that future economic damages must be supported by credible expert testimony, emphasizing that speculative claims would not hold. This case underscored the importance of accurate data and reliable projections in calculating lost earning capacity.
Another influential case, Clymer v. Webster (1983), reaffirmed that non-economic losses — including loss of companionship and guidance — are just as compensable as economic ones. The Vermont Supreme Court recognized that a family’s loss extends beyond income and includes irreplaceable human elements.
Together, these cases highlight Vermont’s commitment to fairness and precision when determining future losses in wrongful death claims.
Why Legal Representation Matters
Future loss calculations blend law, economics, and human emotion — a combination that can overwhelm grieving families. An experienced Vermont wrongful death attorney ensures that every aspect of the claim, from financial modeling to testimony, is presented clearly and persuasively.
Attorneys coordinate expert witnesses, collect supporting records, and negotiate with insurance companies that often attempt to undervalue projected losses. Without legal guidance, families risk accepting settlements that fail to reflect the full impact of their loss.
Estimating Losses in a Vermont Case
Consider this: a 40-year-old schoolteacher earning $60,000 annually dies due to negligent medical care. With a life expectancy of 80 years and expected annual raises, economists may estimate roughly $2.5 million in lifetime earnings. After adjusting for taxes, benefits, and present value, the court might award around $1.8 million for future economic losses, plus additional compensation for emotional and companionship losses.
This example shows how even modest income levels can result in significant damages once future potential and non-economic contributions are properly valued.
Need Legal Help? Brandon J. Broderick, Attorney at Law is One Phone Call Away
Losing a loved one is emotionally devastating, and no amount of money can replace what’s been taken. However, Vermont’s wrongful death laws allow families to pursue compensation that acknowledges both the financial and emotional impact of their loss. If you’re facing the uncertainty of a wrongful death claim, the attorneys at Brandon J. Broderick, Attorney at Law can guide you through each step — from assessing future losses to securing the justice your family deserves. Our Vermont legal team works with skilled financial and vocational experts to ensure every future cost and emotional loss is fully represented. Whether the case involves medical negligence, a workplace accident, or a fatal vehicle collision, we are committed to helping you rebuild with dignity and security.