Trial Testimony for Birth Injury Cases

Reviewed by KW Life Care Planning Editorial Team · Last updated 2026-08-26

Trial testimony in a birth injury case requires the life care planner to explain, in plain terms, what the child needs each day, how those needs change with growth, and why each item, frequency, and cost in the plan is what it is.

Checklist

Prepare jury-accessible visual aids showing care by developmental stage
Rehearse direct testimony chronology from evaluation to plan
Prepare on likely cross-examination themes: life expectancy, family care, and public programs
Coordinate with the causation physician and economist

Questions to ask the expert

Can you describe a typical day of care for this child?
How will the child's needs change at each stage of life?
Why is each item in the plan necessary and what supports it?

Timeline

1-2 day-of-trial prep sessions.

Required documents

Final plan
Demonstratives
Prior deposition transcripts

Common pitfalls

Overly technical testimony
Inconsistency with prior deposition

Frequently Asked Questions

How are demonstratives used?

To show care categories by developmental stage, daily care schedules, and the difference between home-based and facility-based scenarios.

References

NIH/NINDS - Neonatal Hypoxic-Ischemic Encephalopathy

Ready to Get Started on birth injury cases?

Contact our team to discuss how KW Life Care Planning can support your case with certified life care planning expertise. Request a Consultation or call (201) 343-0700.