KW Economics prepares life care plan costing for personal injury cases venued in South Dakota: what the loss claim consists of, the records that drive it, and a present value built to South Dakota 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.
South Dakota courts screen expert testimony for reliability: the trial judge asks whether the economist is qualified, whether the opinion rests on sufficient facts and reliable principles and methods, and whether those methods were reliably applied to the case. A damages report is written to that standard, with each data series named and each assumption tied to the record.
Highest court: South Dakota Supreme Court. Court system: ujs.sd.gov.
Federal venues: District of South Dakota.
Outside the civil courts, wage-loss disputes in workers' compensation matters proceed before the South Dakota Department of Labor and Regulation, Division of Labor and Management.
South Dakota provides a wrongful death action for the pecuniary injury to the surviving spouse, children, or next of kin, which the courts read to include loss of companionship and society, alongside a survival action for the estate. The state's unusual comparative negligence rule allows recovery only when the plaintiff's negligence was slight in comparison with the defendant's, the common-law collateral source rule applies, and prejudgment interest is allowed on past damages but not on future damages, punitive damages, or intangible losses.
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.
South Dakota courts screen expert testimony for reliability: the trial judge asks whether the economist is qualified, whether the opinion rests on sufficient facts and reliable principles and methods, and whether those methods were reliably applied to the case. A damages report is written to that standard, with each data series named and each assumption tied to the record. Personal Injury cases venued in South Dakota are heard in the Circuit Court (General jurisdiction; 7 circuits across 66 counties; all civil, criminal, and domestic matters), with final appeals to the South Dakota Supreme Court. Matters within federal jurisdiction proceed in the District of South Dakota.
South Dakota provides a wrongful death action for the pecuniary injury to the surviving spouse, children, or next of kin, which the courts read to include loss of companionship and society, alongside a survival action for the estate. The state's unusual comparative negligence rule allows recovery only when the plaintiff's negligence was slight in comparison with the defendant's, the common-law collateral source rule applies, and prejudgment interest is allowed on past damages but not on future damages, punitive damages, or intangible losses. 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 South Dakota rules to a documented figure.
Request a consultation on Life Care Plan Costing or call (201) 343-0700. Plaintiff and defense counsel.