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1. LIFE CARE PLAN FAQ

In what situations are life care plans useful?

In what situations are life care plans useful?

While most attorneys believe the answer is ‘in situations where the money makes sense,’ i.e. cases with high policy limits and catastrophic injuries, the real answer is: all situations involving a chronic injury that will require future care in order to optimally function or diminish their pain and suffering. Expertpays removes the main barrier to life care plans being properly utilized --- removing the upfront cost. When used properly these plans can be valuable in the pre-litigation, demand or litigation portion of a case.
What qualifications are necessary to be a life care planner?

What qualifications are necessary to be a life care planner?

ExpertPays pays board certified Physical Medicine & Rehabilitation (physiatrist) physicians. Most of whom are also fellowship trained in Pain Management. We also work with physician and non-physician certified life care planners.
What is the life care planner’s role in the courtroom?

What is the life care planner’s role in the courtroom?

A life care planner, as a legal expert, opines on matters outside a layperson’s knowledgebase. As such, their role is that of an educator. The life care planner is the juror’s liaison to properly understanding the scope and severity of the plaintiff’s injury and the healthcare that the plaintiff will require to treat that injury.
What’s in a Life Care Plan?

What’s in a Life Care Plan?

The life care plan entails an interview with the client, medical records reviews, and vendor surveys to determine both what care the patient requires and how much that care will cost. Transparency regarding the methods utilized, the records reviewed, the vendor surveyed, and the medical advice rendered are crucial to credible life care planner testimony.
How does a Life Care Plan help a legal case?

How does a Life Care Plan help a legal case?

Besides grounding any claim for future medical costs, a life care planner’s testimony can tie together all expert testimony. The life care planner is able to cogently summarize the injury caused by a breach in the standard of care, the present extent of said injury, the likely progression of said injury, and the cost of treating said injury: a one-stop expert testimony shop.
What is a Life Care Plan

What is a Life Care Plan

The Life Care Planning and Case Management Handbook, Fourth Edition defines a life care plan as “a dynamic document based upon published standards of practice, comprehensive assessment, data analysis, and research, which provides an organized, concise plan for current and future needs with associated costs for individuals who have experienced catastrophic injury or have chronic health care needs.” A life care plan provides a non-speculative basis for legal damages arising from future medical costs necessary for a plaintiff to maintain the best level of function and quality of life given their physical and/or psychological injuries and limitations. It is a peer-reviewed, consistent process that a document encapsulates, drawing on comprehensive assessment, data analysis, and research. From this process emerges an organized, concise plan for the patient’s current and future medical needs.

2. VOCATIONAL ASSESSMENT FAQ

Why is a vocational assessment necessary with a life care plan?

Why is a vocational assessment necessary with a life care plan?

Powerful as it is, a life care planner’s testimony covers future medical treatment and its costs. There are many other costs associated with the injury necessitating that treatment, and lost earning potential and social adjustment are some of them. Expertpays offers vocational assessments separately from life care plans, leaving the choice up to every attorney.
What is the vocational expert’s role in a court case?

What is the vocational expert’s role in a court case?

The vocational expert works off the life care planner’s testimony regarding medical injury and future care recommendations to assess what activities and occupations are available to the plaintiff as compared to what would have been available to the plaintiff. As an expert witness, their role is to educate the average juror and explain the loss of earnings capacity.
Why is a vocational assessment important?

Why is a vocational assessment important?

A substantial part of future damages consists of Lost Earnings Capacity. A vocational assessment edifies this portion of the damages case.
What is a Vocational Assessment

What is a Vocational Assessment

A vocational assessment is a process to identify and assess interests, abilities, strengths, weaknesses, aptitudes, and functional limitations relative to employment. The expert opines about employability and wage earning capacity.

3. ECONOMIST REPORT FAQ

Why is an economist report a necessary addition to a life care plan?

Why is an economist report a necessary addition to a life care plan?

The report rounds out the document, ensuring that the award realizes the full amount of legal damages. Expertpays offers economist reports as an addition to life care plans, leaving the choice up to the attorney. It becomes strongly beneficial in litigation.
What is the forensic economist’s / financial analysts role?

What is the forensic economist’s / financial analysts role?

The economist ensures that the legal damages take into account various risks that may make a current total fail to cover an expected future total. Or, to make sure the court awards enough money.
What is present value?

What is present value?

Listen, it’s complicated. Essentially, it’s calculating the present amount of money that will be necessary to ensure some future monetary amount exists to cover costs.
What is an economist report?

What is an economist report?

An economist report takes the value of economic losses referred to in the life care plan and vocational assessment and brings them up to present value.