KW Life Care Planning prepares life care plans and medical cost projections for attorneys handling wrongful death cases in Pennsylvania.
Wrongful death matters involve the death of an injured person, sometimes after a period of survival during which substantial care was delivered. Life care planning contributes in two ways: by documenting and valuing the care actually provided between injury and death, and, where a surviving dependent had care needs the decedent was meeting, by projecting the replacement cost of that care.
In survival claims the planner reconstructs the care delivered from injury to death, including hospitalization, skilled nursing, home health, equipment, medications, and family-provided attendant care, and confirms that each item was medically appropriate. Where the decedent was the caregiver for a disabled spouse, child, or parent, the plan documents that dependent's ongoing needs and the paid services now required to replace the care the decedent provided.
Exposure in the survival component is the documented cost of care between injury and death, including care provided by family at market rates where the jurisdiction allows. Replacement-care exposure depends on the dependent's condition and projected life expectancy, and can be large where the decedent provided daily hands-on care to a person with a disability.
The life care planner audits the medical and billing record to establish what care was delivered and at what cost, and separates care attributable to the injury from unrelated treatment. For dependent replacement care, the planner evaluates the survivor's needs with the treating providers and projects services, frequencies, and costs in the same format as any other life care plan so the economist can reduce them to present value.
Wrongful Death matters in Pennsylvania are litigated in the state's trial courts, with life care planning and future medical cost testimony evaluated under Pennsylvania's expert evidence standard. KW Life Care Planning prepares reports and testimony that account for these requirements.
Highest court: Supreme Court of Pennsylvania. Federal venues: E.D. Pa., M.D. Pa., W.D. Pa..
Source: Pennsylvania judiciary (pacourts.us)
Pennsylvania personal injury and medical malpractice claims are tried in the Courts of Common Pleas, with malpractice claims requiring a certificate of merit and subject to venue rules counsel should confirm. Workers' compensation claims are decided by workers' compensation judges under the Bureau of Workers' Compensation.
Two things, depending on the facts: document and value the care delivered between injury and death, and, where the decedent was caring for a dependent with a disability, project the cost of replacing that care through the dependent's life expectancy.
Many jurisdictions allow recovery of the reasonable value of care family members provided. The planner documents the hours and level of care and applies local market rates so counsel can present the value under the governing law.
The planner evaluates the dependent's current needs with their treating providers, identifies which of those needs the decedent was meeting, and projects paid services at local rates through the dependent's projected life expectancy, noting any public benefits the jurisdiction treats as collateral.
No. Causation is a physician question. The planner documents care needs and costs consistent with the medical record and the physicians' opinions.
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.