KW Economics prepares life care plan costing for personal injury cases venued in Montana: what the loss claim consists of, the records that drive it, and a present value built to Montana damages rules and venues. Plaintiff and defense.
For a personal injury claim the life care plan supplies the future medical and care items, and the economist's role is the economic translation of those items into a present value that reconciles with the plan. Each item's frequency, duration, and unit cost is carried forward with the medical cost growth appropriate to its category, summed year by year over the applicable life expectancy, and discounted with the rate stated. The result can stand alone or enter an integrated damages report on the same growth, discount, and life expectancy assumptions as the earnings and household services components.
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.
Which component dominates depends on the person's age, occupation, and residual capacity. For a young worker who can no longer perform a skilled trade, future earnings loss over a long worklife usually outweighs everything else. For a person who returns to work at reduced hours or lower pay, the loss is the gap between the but-for path and the post-injury path, and the size of that gap is the contested question. Where a life care plan exists, its present value is often the largest single figure in the report, and household services losses can be substantial when the injured person did most of the home's unpaid work.
Montana courts apply a reliability inquiry to novel scientific evidence and otherwise ask whether the economist is qualified by training and experience and whether the opinion will help the fact finder, leaving the weight of the testimony to cross-examination. An economic damages report is therefore examined on its inputs: whether each rate, table, and assumption traces to the record and to a published source.
Highest court: Montana Supreme Court. Court system: courts.mt.gov.
Federal venues: District of Montana.
Outside the civil courts, wage-loss disputes in workers' compensation matters proceed before the Montana Department of Labor and Industry, Employment Relations Division.
Montana pairs a wrongful death action for the heirs' losses with a survival action in which the estate may recover the decedent's lost future earnings net of personal consumption, with the two claims coordinated to avoid double recovery. Recovery is barred once the plaintiff's fault exceeds the combined fault of the defendants, larger awards are reduced after verdict by collateral-source payments that carry no reimbursement right, and prejudgment interest is generally limited to sums that were certain when the loss occurred.
We issue the final report and provide deposition and trial testimony, rebuttal of opposing present value opinions, and revaluation when the plan is updated.
For a personal injury claim the life care plan supplies the future medical and care items, and the economist's role is the economic translation of those items into a present value that reconciles with the plan. Each item's frequency, duration, and unit cost is carried forward with the medical cost growth appropriate to its category, summed year by year over the applicable life expectancy, and discounted with the rate stated. The result can stand alone or enter an integrated damages report on the same growth, discount, and life expectancy assumptions as the earnings and household services components.
Montana courts apply a reliability inquiry to novel scientific evidence and otherwise ask whether the economist is qualified by training and experience and whether the opinion will help the fact finder, leaving the weight of the testimony to cross-examination. An economic damages report is therefore examined on its inputs: whether each rate, table, and assumption traces to the record and to a published source. Personal Injury cases venued in Montana are heard in the District Court (General jurisdiction; one district in each of 56 counties), with final appeals to the Montana Supreme Court. Matters within federal jurisdiction proceed in the District of Montana.
Montana pairs a wrongful death action for the heirs' losses with a survival action in which the estate may recover the decedent's lost future earnings net of personal consumption, with the two claims coordinated to avoid double recovery. Recovery is barred once the plaintiff's fault exceeds the combined fault of the defendants, larger awards are reduced after verdict by collateral-source payments that carry no reimbursement 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 Montana rules to a documented figure.
Request a consultation on Life Care Plan Costing or call (201) 343-0700. Plaintiff and defense counsel.