What is a Life Care Plan, and How is it Used on Serious Personal Injury Cases?
What is the value of human life? It goes without saying that that is a heady question. We all believe on one level that life is priceless. Yet, governments, insurance companies, and courts are often mired in the question of the statistical value of life.
In that vein, it is important to understand how the use of a life care plan in serious personal injury cases is so vital to that assessment. Accordingly, in this article, we will first cover the notion of valuing human life, and then we will discuss how a life care plan is used in personal injury cases.
If you have more questions about life care plans in relation to a personal injury case, regardless of whether you are a plaintiff or defendant, then we welcome you to talk to us at Occupational Assessment Services, Inc. (OAS). We are one of the most experienced employability and life care planning firms in the United States. To discuss your case, call us at 1-800-292-1919, contact us at a location near you, or through our online form.
Why Are We Called on to Value a Human Life?
The monetary calculation of the value of human life, while in one way contrary to our beliefs on the sacredness of human life, has a great deal of utility in many ways. For example, when a government agency needs to determine the amount of risk that is appropriate for a certain product, a new drug, or the amount of risk that is reasonable for a certain type of occupation, it is necessary to find numerical, monetary values.
There are some studies that show that a typical American worker faces a yearly risk of death in the ratio of one chance in 25,000. Thus, government economists have, after much calculation, come to a figure that represents the value of human life which, in 2017, is roughly $10 million.
Similarly, when it comes to personal injury cases in court. The judge, or the jury, must make an assessment of what human life is worth in order to award financial damages. Further, courts need to make gradations of judgments, given how much a person is owed for losing some part of his or her life – such as the ability to walk, or the need to live with a disfigurement following an accident. These are all, understandably, difficult assessments to make.
Thus, when dealing with an injured person, courts will look to a host of factors to determine a personal injury damages award, including the loss of the ability to:
1. Have a career;
2. Engage in hobbies or recreation;
3. Participate in family bonding activities;
4. Have social encounters with friends;
In short, when someone is injured in an accident due to the negligence or recklessness of someone else, then it is simply necessary to make these monetary judgments.
That, of course, leads to the issue of a life care plan.
What is a Life Care Plan?
In essence, a life care plan is a report, compiled by experts (like the experts at OAS), that describes the character of a person’s functional impediments, medical care needs, and cost of that care. In connection with a serious personal injury case, a life care plan is an important advocacy tool.
The plaintiff’s attorneys, as you would expect, will use a life care plan to prove the extent of a person’s injuries. Yet, defense attorneys will also want to prepare a life care plan to possibly refute the expert assumptions in the plaintiff’s life care plan.
Some of the things that a life care plan details, include:
1. Current and future medical care needs;
2. Custodial care needs;
3. Medical evaluations and treatments, including medication;
4. Necessary medical equipment and supplies;
5. Home health care; and
6. Transportation needs.
How is a Life Care Plan Used in Major Personal Injury Suits?
As noted, the primary purpose of the life care plan is to prove the amount of money damages necessary to cover the kinds of costs associated with a person’s injury due to the accident at issue. Many economic assumptions (such as future cost of treatment, or future wages) are examined carefully to ensure that figures are not over-inflated, or under-estimated.
A life care plan is also necessary to determine how much of a set aside can be allocated to Medicare, workers’ compensation, or other avenues of compensation for injuries that do not necessarily need to come from the negligent party.
Therefore, if you are an injured victim or an attorney for either a personal injury plaintiff or defendant, you will want to consult with a life care plan expert. Such experts are professionals at interviewing necessary parties, understanding the underlying medical issues at hand, and making proper economic recommencations to a court.
Let OAS Prepare a Life Care Plan or Vocational Assessment in Your Case.
OAS specializes in working with the plaintiff or defense attorney to assist in objectively documenting the economic damages in a case. From the initial referral to the trial testimony, OAS works with the retaining attorney so that the damages of the case can be objectively and efficiently presented.
We strongly believe in the importance of a clear and understandable presentation of the facts. OAS is the leading provider of Vocational Expert and Life Care Planning Services for Plaintiff and Defense attorneys.
The company specializes in assisting attorneys in documenting the damages in cases where an individual has been severely injured by providing objective findings on how the injuries affect a persons’ ability to work and earn money, as well as the cost of care required in catastrophic injuries.
OAS is your Vocational Expert & Life Care Planner Nationwide, with offices in New York, New Jersey, Connecticut, Pennsylvania, Georgia, Florida, Texas, Nevada, and California.
Occupational Assessment Services, Inc. is one of the most experienced employability and life care planning firms in the United States. To discuss your case, call us at 1-800-292-1919, contact us at a location near you, or through our online form.