In wrongful death cases where the recovery is for lost support to survivors, the decedent's personal consumption is deducted from gross earnings. The deduction percentage is based on Consumer Expenditure Survey data appropriate to the decedent's household size and income.
Methodology
Personal Consumption Deduction (2026)
Personal consumption deduction in wrongful death cases.
Frequently Asked
Frequently Asked
What percentage applies?
The percentage depends on household size and income and ranges from roughly 17% to over 50%. We compute the case-specific percentage from CES data and document the inputs in the report.
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