KW Economics prepares life care plan costing for product liability cases venued in West Virginia: what the loss claim consists of, the records that drive it, and a present value built to West Virginia damages rules and venues. Plaintiff and defense.
Product liability injuries such as burns, amputations, and neurological injuries produce life care plans with long horizons and heavy recurring items, and the injured person is often a child whose plan runs for a full life expectancy. The economist carries each item forward with category-specific medical cost growth, schedules replacements at the plan's intervals, and discounts the stream over the life expectancy the medical evidence supports. In a mass tort setting the same growth, discount, and life expectancy conventions are applied across the claimants' plans so the valuations are consistent in method and each traces to its own plan.
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.
The exposure tracks the injury: burns, amputations, and neurological injuries produce large future earnings and care losses; less severe injuries produce a bounded past loss and limited future treatment. Because product cases often involve children, homemakers, and retirees, the household services and care components frequently outweigh the earnings loss, and the analysis must be built from those components rather than from wage records that do not exist. For fatal injuries the exposure follows the wrongful death structure with the personal consumption deduction as the key assumption.
West Virginia trial judges act as gatekeepers for expert testimony in civil cases and ask whether the economist is qualified, whether the method is reliable and accepted in the profession, and whether it was applied reliably to the facts. A damages report meets that inquiry by stating its assumptions and naming the data behind each one.
Highest court: Supreme Court of Appeals of West Virginia. Court system: courtswv.gov.
Federal venues: Northern District of West Virginia, Southern District of West Virginia.
Outside the civil courts, wage-loss disputes in workers' compensation matters proceed before the West Virginia Offices of the Insurance Commissioner.
West Virginia's wrongful death action is brought by the personal representative and covers the survivors' sorrow and mental anguish, the decedent's expected income and services, and medical and funeral expenses, with the decedent's own pre-death claims carried in the same recovery. Recovery is barred once the plaintiff's fault exceeds the combined fault of the defendants, statutory limits apply to noneconomic damages in medical professional liability claims where collateral-source payments also reduce the award, and prejudgment interest is available on past special damages such as medical expenses and lost wages.
We issue the final report and provide deposition and trial testimony, rebuttal of opposing present value opinions, and revaluation when the plan is updated.
Product liability injuries such as burns, amputations, and neurological injuries produce life care plans with long horizons and heavy recurring items, and the injured person is often a child whose plan runs for a full life expectancy. The economist carries each item forward with category-specific medical cost growth, schedules replacements at the plan's intervals, and discounts the stream over the life expectancy the medical evidence supports. In a mass tort setting the same growth, discount, and life expectancy conventions are applied across the claimants' plans so the valuations are consistent in method and each traces to its own plan.
West Virginia trial judges act as gatekeepers for expert testimony in civil cases and ask whether the economist is qualified, whether the method is reliable and accepted in the profession, and whether it was applied reliably to the facts. A damages report meets that inquiry by stating its assumptions and naming the data behind each one. Product Liability cases venued in West Virginia are heard in the Circuit Court (General jurisdiction; one in each of 55 counties; all civil and criminal matters), with final appeals to the Supreme Court of Appeals of West Virginia. Matters within federal jurisdiction proceed in the Northern District of West Virginia and Southern District of West Virginia.
West Virginia's wrongful death action is brought by the personal representative and covers the survivors' sorrow and mental anguish, the decedent's expected income and services, and medical and funeral expenses, with the decedent's own pre-death claims carried in the same recovery. Recovery is barred once the plaintiff's fault exceeds the combined fault of the defendants, statutory limits apply to noneconomic damages in medical professional liability claims where collateral-source payments also reduce the award, and prejudgment interest is available on past special damages such as medical expenses and lost wages. 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 West Virginia rules to a documented figure.
Request a consultation on Life Care Plan Costing or call (201) 343-0700. Plaintiff and defense counsel.