If you or a loved one has suffered a serious injury, you may have heard your attorney mention a life care plan. This document is one of the most important tools in catastrophic injury cases because it answers the question every defendant and insurance carrier asks: what will future care actually cost?
The Detailed Answer
Purpose
A life care plan transforms general statements like “will need lifetime care” into a detailed, line-item projection of every service, medication, piece of equipment, and modification the injured person is expected to need. This is essential under Delaware law, which generally requires future damages to be proven with reasonable certainty.
Who Creates It
Life care plans are typically prepared by:
- Certified Life Care Planners (CLCP) — qualified rehabilitation professionals trained in this specialty.
- Physiatrists — physicians specializing in physical medicine and rehabilitation.
- Other qualified medical professionals — registered nurses with relevant credentials, neuropsychologists for brain injury cases.
What Costs It Covers
A typical plan addresses:
- Physician care (primary care, specialists, follow-up visits)
- Diagnostic testing (imaging, labs, neuropsychological evaluations)
- Surgeries and procedures (initial and projected revisions)
- Therapies (physical, occupational, speech, cognitive)
- Medications (current and projected)
- Durable medical equipment (wheelchairs, beds, lifts)
- Supplies (catheters, dressings, hygiene items)
- Home modifications and equipment replacement schedules
- Vehicle modifications
- Attendant care and nursing services
- Case management
- Educational and vocational services where applicable
How It Becomes Damages
Once each line item is priced, an economist applies medical inflation and present-value discounting to produce the figure presented to the jury or insurance carrier.
What This Means for Your Case
The life care plan is often the largest single category of damages in a catastrophic injury case. Without one, future medical expenses risk being undervalued. Cases involving spinal cord injury, severe traumatic brain injury, amputation, or severe burns almost always benefit from a formal plan. Joseph M. Jachetti has experience handling complex injury matters and works with qualified life care planners when the situation calls for it.
Related Questions
Q: Who pays for the life care plan?
The cost is typically advanced by the law firm and recovered from any settlement or judgment as a case expense.
Q: Can a life care plan be challenged?
Yes. Defense counsel often hires their own life care planner. The strength of each plan depends on the underlying medical records and the planner’s qualifications.
Q: When in the case is it prepared?
Usually after the injured person has reached maximum medical improvement, so the plan reflects the long-term picture rather than acute recovery.
When to Talk to a Delaware Catastrophic Injury Lawyer
Building a complete future damages picture takes time and the right professionals. A Delaware catastrophic injury attorney can determine whether your case warrants a life care plan and how to coordinate it.
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This page provides general legal information only. It is not legal advice and does not create an attorney-client relationship. For advice on your specific situation, contact Schuster Jachetti LLP.
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This page provides general legal information only. It is not legal advice and does not create an attorney-client relationship. For advice on your specific situation, contact Schuster Jachetti LLP.