Life Expectancy
This article is part of our three part Life Expectancy series:
If you’ve determined life expectancy is a question that will have to be answered in your case, you’ll need interpret the life expectancy tables or consult with an expert. We are going to focus on why life expectancy tables are used in law.
CACI 3932 Life Expectancy
The California Civil Instructions (CACI) provide a jury instruction for when life expectancy is at issue: Specifically, CACI 3932 Life Expectancy states:
"If you decide [name of plaintiff] has suffered damages that will continue for the rest of [his/her/nonbinary pronoun] life, you must determine how long [he/she/nonbinary pronoun] will probably live. According to [insert source of information], a [insert number] year-old [male/female] is expected to live another [insert number] years. This is the average life expectancy. Some people live longer and others die sooner.
This published information is evidence of how long a person is likely to live but is not conclusive. In deciding a person’s life expectancy, you should also consider, among other factors, that person’s health, habits, activities, lifestyle, and occupation. "
The use notes guide that life expectancy is to be looked up based upon gender and age. Once at the proper table, life expectancy can be determined by finding the row for a person’s age and then identifying the life expectancy column. This will provide the number of years a person of that age is expected to live.
Life Expectancy Case Law
While life expectancy can seem clear cut, caselaw provides a word of caution for practitioners. Other factors can be considered in determining life expectancy. For instance in Allen v. Toledo (1980) 109 Cal.App.3d 415, 424 the Court stated that:
"[t]he life expectancy of the deceased is a question of fact for the jury to decide, considering all relevant factors including the deceased’s health, lifestyle and occupation. Life expectancy figures from mortality tables are admissible but are not conclusive. Here the jury was correctly told the figure given was not conclusive evidence of Charlene’s life expectancy. It was merely ‘a factor which you may consider,’ along with the evidence of Charlene’s health, habits, occupation and activities."
Likewise in Temple v. De Mirjian (1942) 51Cal.App.2d 559, 566 the Court reiterated the jury’s ability to factor all the evidence in their life expectancy determination, noting:
"[i]t is a matter of common knowledge that many persons live beyond the period of life allotted them by the mortality roles."
Now that we know how life expectancy questions are applied in law, we’ll take a look at how Juris Economics calculates life expectancy. If you need assistance calculating damages in your case, contact Juris Economics at (858) 477-9537 or sales@juriseconomics.com
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