Expert Testimony applied to wrongful death litigation: methodology, deliverables, and case-specific considerations.
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.
A written expert report, supporting data appendices, and, when retained, deposition and trial testimony.
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.
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