Life Care Plan Cost Projection and Present Value for Motor Vehicle Accident Cases in North Dakota

By KW Economics Editorial Team · Updated

KW Economics prepares life care plan costing for motor vehicle accident cases venued in North Dakota: what the loss claim consists of, the records that drive it, and a present value built to North Dakota damages rules and venues. Plaintiff and defense.

How life care plan costing applies to Motor Vehicle Accident in North Dakota

After a catastrophic crash the present value of the life care plan can exceed the earnings loss, and the attendant care, equipment, and future surgery items in the plan drive the total. The economist reduces the plan to present value with category-specific medical cost growth over the life expectancy the medical evidence supports, presents the total under alternative care scenarios where the plan offers them, and states every assumption so the valuation can be examined item by item. Because policy limits often frame the practical range, the report shows the plan's present value by category so counsel can evaluate settlement against the components that carry the most weight.

Reduction of a life care plan's line items to a single present value. The plan's items, frequencies, durations, and unit costs are carried forward with medical cost growth appropriate to each category, then discounted over the applicable life expectancy. Plan authorship stays with the life care planner; our role is the economic translation of the plan into a damages figure that reconciles with the plan and can be examined item by item.

Where the damages concentrate

In moderate injury the exposure is concentrated in the period out of work and any future surgery or treatment, and the numbers can usually be built directly from the records. Once an injury prevents a return to the prior occupation, the future earnings gap across the remaining worklife becomes the dominant figure, and in catastrophic injury the present value of attendant care and equipment in the life care plan can exceed the earnings loss. Policy limits often frame the practical range, so counsel commonly ask for a report that presents each component separately for settlement evaluation and for trial.

North Dakota courts and expert standards

North Dakota admits expert testimony liberally: the court asks whether the economist is qualified by training and experience and whether the opinion will help the fact finder, and leaves the weight of the testimony to cross-examination rather than screening its methodology in advance. An economic damages report is therefore tested on its inputs at deposition and trial, which is why it states each assumption and its source.

Where these cases are heard

Highest court: North Dakota Supreme Court. Court system: ndcourts.gov.

Federal venues: District of North Dakota.

Outside the civil courts, wage-loss disputes in workers' compensation matters proceed before the North Dakota Workforce Safety and Insurance.

Damages framework

North Dakota pairs a wrongful death action for the damages to the surviving spouse, children, or parents with a survival action for the estate, and a statutory limit applies to noneconomic damages in health care malpractice claims while economic damages are unlimited. Recovery is barred once the plaintiff's fault equals or exceeds the combined fault of the defendants, economic damages are reduced after verdict by collateral-source payments other than those the plaintiff purchased or that carry a subrogation right, and prejudgment interest is generally limited to sums that were certain when the loss occurred.

Typical deliverables

We issue the final report and provide deposition and trial testimony, rebuttal of opposing present value opinions, and revaluation when the plan is updated.

Life Care Plan Costing for Motor Vehicle Accident in other states

Frequently asked: Life care plan costing in North Dakota motor vehicle accident matters

How is life care plan costing built for a motor vehicle accident case in North Dakota?

After a catastrophic crash the present value of the life care plan can exceed the earnings loss, and the attendant care, equipment, and future surgery items in the plan drive the total. The economist reduces the plan to present value with category-specific medical cost growth over the life expectancy the medical evidence supports, presents the total under alternative care scenarios where the plan offers them, and states every assumption so the valuation can be examined item by item. Because policy limits often frame the practical range, the report shows the plan's present value by category so counsel can evaluate settlement against the components that carry the most weight.

What do North Dakota courts ask of life care plan costing before it reaches the fact finder?

North Dakota admits expert testimony liberally: the court asks whether the economist is qualified by training and experience and whether the opinion will help the fact finder, and leaves the weight of the testimony to cross-examination rather than screening its methodology in advance. An economic damages report is therefore tested on its inputs at deposition and trial, which is why it states each assumption and its source. Motor Vehicle Accident cases venued in North Dakota are heard in the District Court (General jurisdiction; 7 judicial districts across 53 counties), with final appeals to the North Dakota Supreme Court. Matters within federal jurisdiction proceed in the District of North Dakota.

How does the North Dakota damages framework shape life care plan costing in a motor vehicle accident case?

North Dakota pairs a wrongful death action for the damages to the surviving spouse, children, or parents with a survival action for the estate, and a statutory limit applies to noneconomic damages in health care malpractice claims while economic damages are unlimited. Recovery is barred once the plaintiff's fault equals or exceeds the combined fault of the defendants, economic damages are reduced after verdict by collateral-source payments other than those the plaintiff purchased or that carry a subrogation right, and prejudgment interest is generally limited to sums that were certain when the loss occurred. The report presents past and future amounts separately, states every rate and table with its source, and shows the result under the alternatives the other side is likely to argue, so counsel can apply the North Dakota rules to a documented figure.

References

Request a consultation on Life Care Plan Costing or call (201) 343-0700. Plaintiff and defense counsel.