Key Takeaways
• A life care plan identifies the medical treatment, equipment, services, and support a person may need after a catastrophic injury.
• It puts a value on future care that may not appear in an early settlement offer.
• Medical records, provider recommendations, and projected costs support the plan, which can show the long-term financial effects of an injury.
Charleston catastrophic injury lawyers may use a life care plan to document future medical and personal care needs for a severely injured claimant’s case. These plans estimate those costs based on medical records and treatment recommendations. Future needs can continue for years, and the plan can determine whether an early settlement offer accounts for the full financial impact of the injury.
What Are Life Care Plans in Charleston Catastrophic Injury Cases?
A life care plan is a detailed projection of the care a person may need because of a lasting injury. It addresses medical treatment, rehabilitation, equipment, personal assistance, and other services. West Virginia law allows future medical and other health care costs to be considered in personal injury cases, but having reliable documentation of those needs is critical for a successful claim.
What Is a Life Care Plan for a Personal Injury?
West Virginia life care plans connect a person’s medical condition with anticipated future medical expenses. The need for these plans is particularly clear with traumatic brain injuries: The Centers for Disease Control and Prevention reports that 33% of people who survived moderate or severe traumatic brain injury for five years relied on others for help with everyday activities. A life care plan can estimate how often each service may be needed and what it may cost over time.
Who Prepares a Life Care Plan?
A qualified life care planner generally prepares the report after reviewing medical records and recommendations from treating providers. The planner may also consider evaluations from physicians, therapists, and other professionals. But how are future medical costs calculated in an injury claim? A certified life care planner or forensic economist calculates these future medical costs by accounting for projected care needs, medical inflation, and lifetime care expectations.
What Does a Life Care Plan Include?
A plan may include future surgeries, physician visits, medications, therapy, medical equipment, home care, and transportation. It may also address home modifications, such as wheelchair ramps or bathroom changes. These projections should be tied to the person’s medical condition rather than simply listing possible expenses.
How Do Insurance Companies Challenge Life Care Plans?
An insurance company may question whether a recommended treatment is medically necessary, whether the projected frequency is reasonable, or whether the estimated cost is accurate. Its adjusters may also argue that certain future needs are unrelated to the injury.
Should I Talk to a Life Care Planner in Charleston, WV?
Our Charleston catastrophic injury lawyers can help you with these decisions; we recommend a legal consultation before accepting an early settlement, particularly when treatment is continuing or the person’s long-term condition remains uncertain.
Frequently Asked Questions
Is a life care plan required for every injury claim?
No. It is generally more useful when an injury creates significant, lasting medical or personal care needs.
How much does a life care plan cost, and who pays for it?
The cost varies based on the injury and the specifics of the plan. Payment arrangements can differ from case to case.
Can a life care plan be updated if my condition changes?
Yes. New medical findings or changes in treatment needs may support an updated plan and revised cost projections.
Charleston Catastrophic Injury Lawyers at Bailey, Javins & Carter, L.C., Can Factor Life Care Planning Into Your Claim
To learn more about how a life care plan might factor into your claim, contact our Charleston catastrophic injury lawyers at Bailey, Javins & Carter, L.C. Call us at 304-345-0346 or complete our online form today for a free consultation. We have offices in Charleston and Morgantown, WV, and serve clients in surrounding areas and nationwide.