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Life Care Plans
What is a Life Care Plan?
Life care plans determine how much medical care and other expenses someone with a catastrophic injury will need in the course of their lifetimes. In California personal injury cases, a life care plan is often used when a person is seriously injured as a result of another's negligence or wrongful act. As part of a life care plan, the plaintiff may be able to establish damages, including (but not limited to) medical bills, therapy, therapy equipment, lost earnings capacity, pain, suffering, and modifications to the home or vehicle.
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Life Care Plans
California life care plans contain a comprehensive list of a plaintiff's present medical needs and expected future medical costs. Plan evidence is often presented by people with catastrophic injuries or illnesses, often due to someone else's strict liability or negligence. Planning a life care strategy can be helped by a certified life care planner (CLCP).
Expenses in Life Care Plans
Depending on the severity of the injuries sustained, life care plans will address varying needs of plaintiffs. Typical life care expenses include (without limitation): projected routine medical care, projected surgeries (including amputations and reconstruction), projected psychological care needs; vocational or occupational therapy for present and future care; long-term and short-term care, including in nursing homes. The overall care package may include nursing visits from registered nurses and other caregivers; medication, including pain management medications; diagnostic testing and case management; home modifications (such as ramps and handrails); home furnishings; alarms and monitors; orthotics or prosthetics; transportation needs; and other special aids, equipment or accommodations.
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The injured party needs a life care plan whether or not they have insurance, Medicare, or workers compensation.
Life Care Plans in California
California personal injury cases can be extremely challenging, particularly when it comes to settling or determining damages. The plaintiff should ask for and justify an amount that will enable him or her to live as comfortably as possible. In California, the best life care planning documents contain a comprehensive assessment of the patient's present and likely future needs. In order to develop a compelling plan, a top California personal injury lawyer will consult physician records, therapist records, the plaintiff (if they are able), friends, family, and co-workers, medical supply vendors, contractors, and experts such as vocational experts.
Calculating Life Expectancy
A jury should decide on the issue of life expectancy. Usually, it is based on the plaintiff's life expectancy just before the accident or incident. Therefore, the plaintiff will not be punished for the defendant's wrongful act which resulted in a diminished life expectancy.
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If a mortality table is published, the jury could use it to determine this period. A plaintiff's race, gender, and age are usually taken into account when creating these tables. Although death tables are published, they are not completely reliable. Other factors that may be considered by a jury include the plaintiff's health, habits, activities, lifestyle, and occupation.
Injuries the Require Lifetime Care
A life care plan is useful for a wide variety of injuries (without limitation): anesthesia injuries, burn injuries, chronic traumatic encephalopathy, drowning accidents, loss of limbs, nerve injuries, spinal cord injuries, traumatic brain injury ("tbi"), and wrongful birth.