A much-used method for setting damages in tort litigation has come under criticism for giving bigger payouts to white males, but a campaign to end the practice remains below the radar for most lawyers.

Forensic economists who provide expert testimony in wrongful death and catastrophic injury cases often calculate economic damages based on the race and gender of the injured party. Estimating life expectancy, earnings potential and expected years in the workplace by consulting statistical tables that break down based on race and gender lines results in damage calculations that vary widely by race and gender.

In a hypothetical model of a 30-year-old fast-food manager earning $60,000 per year who is killed by a drunken driver, estimates for future unearned wages are far less if the victim is Black or female. If the deceased is a white male, estimated future lost earnings are $2,069,865. That's 24% more than the estimated $1,666,297 in lost earnings if the manager is a Black male. The white man gets greater damages because the tables show disparities between races in life span and number of years spent working.