What Is A Life Care Plan In A Lawsuit And How It Can Help You Win Your Case

If you or a loved one were involved in an accident and you’re pursuing financial compensation, it’s good to know all the options available to you. One such resource in obtaining an equitable settlement is a life care plan.

But how can a life care plan personal injury protect your monetary rights and maximize your economic damages?

Let’s find out.

What Is A Life Care Plan In A Lawsuit?

A life care plan is a report that quantifies continuing and current costs of care for injured individuals. This makes it a valuable tool for personal injury attorneys who want to ensure their client receives a favorable settlement. 

It’s worth noting that it’s not just a report that matters here. Since the plan is prepared by an expert who has the required credentials to testify in court, a life care plan personal injury can further strengthen the case and increase the chances of a favorable outcome.

The report will project future costs of care in the following categories:

• Rehabilitation and physical therapy
• Vocational therapy
• Medical equipment and supplies
• Cost of future medical procedures
• Lost earning capacity
• Cost of transportation
• Costs of modifying the home and the vehicle of the victim
• Costs of household services
• Continuing medications
• Short-term or long-term care
• Orthotics or prosthetics

Although services of a life care planner personal injury are usually necessary in cases where there is a need for extensive future care such as catastrophic injuries, they’re beneficial for other types of injuries too. For instance, plaintiffs who have chronic pain or have lost function in a part of their body can benefit from a life care plan because it will maximize their economic damages.

Another key aspect of a life care plan for personal injury is figuring out life expectancy. This is calculated by using the plaintiff’s health before the accident as the baseline so that the amount awarded doesn’t decrease due to diminished life expectancy. The reason why this is so important is because the settlement will be partly determined by the jury in relation to the plaintiff’s life expectancy.

Who Can Be A Life Care Planner?

Since life care planners produce evidence that can be used in court, they need to be certified. Even though many specialists who enter this field come from a variety of backgrounds, most have an experience with the medical profession like nursing and rehabilitation.

Most attorneys will work with a life care planner personal injury that comes from a background relevant to the injuries of the plaintiff. For example, if PTSD is the main focus of the case, it’s helpful to hire a life care planner personal injury that has a degree in psychology and related fields.

The Process Of Putting Together A Life Care Plan

Creating this report must include personal visits with the plaintiff with the goal of gathering the information necessary to create a comprehensive plan. The planner will try to understand and document all the details to make sure all future medical needs are accounted for.

An important aspect of this interview is also collecting evidence of the plaintiff’s lifestyle prior to their injury. That way, it’s possible to contrast the current condition to their pre-injury existence, which may help identify modifications critical to improving the quality of life further.

Next, the life care planner personal injury will conduct research to determine the cost estimates of future medical care, including medications, surgery, and other procedures. This is a comprehensive process as the life care plan personal injury will include absolutely all expenses. For instance, with surgery, all costs such as the surgical facility, surgeon, equipment, post-op medications, and rehabilitation will all be accounted for.

To make the report more effective during mediation, arbitration, and trial, life care planners typically supplement their findings with visual aids. These can take the form of a slideshow in which each slide depicts why medical services or certain medical items can be of service to the plaintiff.

This is especially helpful during the trial as many jurors are unfamiliar with some of the medical terminology. It also demonstrates the extent of the injuries’ effect on the plaintiff’s day-to-day life.

When Is The Right Time To Hire A Life Care Planner?

Depending on the medical facts of the case, the point at which your attorney hires a life care planner may vary. It’s not uncommon for this to happen when pretrial negotiations are fruitless as having a life care plan ready for the negotiations with the insurance company is advantageous.

If the insurer is not familiar with the extent of the economic damages, they may assign the claim to the junior adjuster. This can be problematic, as low-level adjusters have no authority to increase the amount of the settlement over an amount dictated by the insurance company. 

Presenting a life care plan that accurately quantifies the costs of future medical care helps transfer the claim higher up the chain of command, resulting in a favorable settlement without the need for further litigation.

If this strategy proves unsuccessful and your claim is not yet settled, the life care plan becomes key evidence at different stages of litigation.

After the report is completed, your attorney will forward a copy to the opposing counsel and the insurance company for review. Doing so provides insurance companies with enough time to adjust their settlement reserves for a more productive settlement discussion.

Are You Looking For A Life Care Planner?

A life care plan can significantly strengthen your case and simplify the entire process. Since this systemic approach helps quantify the full extent of your care needs, it's a valuable strategic asset for negotiating a favorable settlement. In the best-case scenario, the insurance company will cave in to your demands to avoid litigation where they may lose even more money.

However, the expertise of the life care planning expert your attorney hires will have an impact on the quality and speed at which the report is produced.

This is why you should only work with life care planners who have a proven track record of successful cases and happy clients.

If you want the best, feel free to check the credentials of specialists working at OAS. All of our life care planners have spent decades honing their skills and have successfully positioned themselves as national leaders in the life care planning industry. 

Fill out our contact form and let us help you win your case.