§ 35-12 Wrongful Death - Life Expectancy Tables

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§ 35-12 Wrongful Death - Life Expectancy Tables

In deciding the amount of money to include in your award of future damages, it will be necessary for you to decide the probable life expectancy of the decedent. To aid you in making this determination, you may consider as evidence a life expectancy table.

Life expectancy is the period of time in which a person of a given age and sex is expected to live according to statistical or actuarial tables. Life expectancy is merely an estimate of the probable average remaining length of life of all persons in our State of a given age, and that estimate is based on a limited record of experience. The inference which may be drawn from the table is evidence bearing on the life expectancy of the decedent, including his state of health, habits, and occupation.

In this State, we have a statute known as the life expectancy tables. It is section 19-1150 of the South Carolina Code, which provides:

When it is necessary, in any civil action or other mode of litigation, to establish the life expectancy of any person from any period in his life, whether he be living at the time or not, the [life expectancy] table . . . shall be received in all courts and by all persons having power to determine litigation as evidence (along with other evidence as to his health, constitution and habits) of the life expectancy of such person. In determining a person's age as of any particular time, periods of six months or more beyond the last full year shall, in using the table . . ., be treated as one year.

You will take into consideration the decedent's age and life expectancy. The evidence in this case has established that the decedent was, at the time of his death, __________years of age. According to the governing life expectancy table for a [male][female] of that age, the decedent had a life expectancy of an additional__________years, as indicated in section 19-1-150.

In determining how long the decedent would have lived, had the decedent lived a normal life, you may consider his life expectancy at the time of death. The life expectancy table received in evidence may be considered in your determination of how long the decedent may have been expected to live. Such tables are not binding on you, but may be considered together with other evidence in the case bearing on the decedent's health, age and physical condition, before [the injury and] death, in determining the probable length of the decedent's life. What weight you give to this table is totally for you to determine. You may give it such weight and such consideration as you deem proper in this case.

NOTE: The life expectancy table from § 19-1-150 provides:

Age	Male	Female
0	76.62	80.84
1	75.69	79.88
2	74.74	78.91
3	73.76	77.93
4	72.78	76.95
5	71.80	75.96
6	70.81	74.97
7	69.83	73.99
8	68.84	73.00
9	67.86	72.02
10	66.88	71.03
11	65.89	70.05
12	64.91	69.07

Age	Male	Female
13	63.93	68.08
14	62.95	67.10
15	61.98	66.13
16	61.02	65.15
17	60.07	64.17
18	59.12	63.20
19	58.17	62.23
20	57.23	61.26
21	56.29	60.28
22	55.34	59.31
23	54.40	58.34
24	53.45	57.37
25	52.51	56.40
26	51.57	55.43
27	50.62	54.46
28	49.68	53.49
29	48.74	52.53
30	47.79	51.56
31	46.85	50.60
32	45.90	49.63
33	44.95	48.67
34	44.00	47.71
35	43.05	46.75
36	42.11	45.80
37	41.16	44.84
38	40.21	43.89
39	39.27	42.94
40	38.33	42.00
41	37.39	41.05
42	36.46	40.11
43	35.53	39.17
44	34.61	38.23
45	33.69	37.29
46	32.78	36.36

Age	Male	Female
47	31.87	35.43
48	30.97	34.51
49	30.07	33.60
50	29.18	32.69
51	28.28	31.79
52	27.40	30.90
53	26.52	30.01
54	25.65	29.14
55	24.79	28.27

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