Fairfax Injury Lawyer Brien Roche Addresses Life Expectancy
Brien Roche

Life expectancy had been on the rise. It has been decreasing in the US. This is mainly because of drug related deaths. So says recent data from the Centers for Disease Control and Prevention. The average life expectancy for people born in 2012 in the United States is a record high of 78.8 years.

Girls born in 2012 will live on average 4.8 years longer than boys born that same year.  The life expectancy for girls born in 2012 is 81.2 years.  For boys born in that same year it is 76.4 years.  The rate of death in the United States reached a record low. That rate of death is 732.8 per 100,000 people in 2012.  That is slightly down from 2011.

Life Expectancy and Decrease in Mortality

The decrease in mortality is due to reductions in death rates from the major causes of death.  The major causes of death are heart disease, cancer, stroke, chronic lower respiratory diseases, accidents, Alzheimer’s disease, diabetes, suicide, kidney disease and influenza and pneumonia.

Heart disease is the most common cause of death.  It is followed by cancer.  Respiratory disease, stroke and accident are next in order of incidence.  The rate of people dying from eight (8) of the top ten (10) causes of death decreased through 2012.  The rate of people dying from suicide or accidents however increased.

Black men had the highest death rate.  Their death rate is 1,086.4 deaths per 100,000.  Hispanic women had the lowest death rate.

The infant mortality rate likewise has increased slightly.  The ratio of infant deaths to live births per year decreased 1.5%.  Infant mortality is generally regarded as a good indicator of overall health.  However the U.S. infant mortality rate is higher than those of 25 other developed nations.

The leading causes of infant mortality in 2012 were multiple. They are birth defects, low birth weight, sudden infant death syndrome and birth complications. Call, or contact us for a free consult.

Life Expectancy of 65 and Over

The life expectancy in 2012 for people aged 65 and older increased.  That life expectancy is now 19.3 years.  That means that a person who was 65 in 2012 is expected to live another 19.3 years.  On average that means the life expectancy would be 84 for that person.

Life Span In Personal Injury Cases

In personal injury and wrongful death cases life expectancy can be an important issue in calculating damages. It factors in where there is a future wage loss. In addition it is a factor where there is a claim of permanency. The life tables are published by the US government and are also found in the Virginia Code at section 8.01-419.

You can also use the Social Security website.  That site allows you to plug in a person’s age and gender.  It then gives you their average expectancy.  If opposing counsel tries to argue that the party’s health issues are not factored in, you can refute that.  Indeed these numbers are based upon average population which includes people with medical conditions and diseases. Another site that might be helpful is https://www.cdc.gov/nchs/data/nvsr/nvsr68/nvsr68_07-508.pdf

Also there is authority which says that you don’t have to prove life expectancy through these tables.  As the jurors can rely upon the evidence of the age and health of the person alone based upon their own common sense, knowledge and experience, they can estimate the person’s life expectancy.  Eisenhower v. Jeter, 205 Va. 159, 135 S.E.2d 786, 789 (1964)

Maryland Life Expectancy

In Maryland the life tables are the product of a federal agency and are self-authenticating.  They are pre-certified by the government.  Maryland Rule 5-902 mirrors the federal rule from Federal Rules of Evidence 902.  The life table to be used typically should be sent to opposing counsel and then the actual life expectancy is plugged into the jury instruction.

Call, or contact us for a free consult. For more information on life expectancy issues see the pages on Wikipedia. For more information on personal injury issues see the other pages on this site.

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Brien Roche

Brien A. Roche has been an attorney since 1976. Mr. Roche is admitted to practice in Virginia, the District of Columbia, and Maryland. In addition to his busy law practice, Mr. Roche is also a published author of several books & articles relating to the practice of law.

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