KW Economics prepares life care plan costing for traumatic brain injury cases venued in Colorado: what the loss claim consists of, the records that drive it, and a present value built to Colorado damages rules and venues. Plaintiff and defense.
A brain injury life care plan is dominated by attendant care and supervision, therapy, medication, and case management over a lifetime, and its present value is highly sensitive to the daily hours of paid help the plan specifies and the life expectancy applied. The economist carries each item forward with the medical cost growth appropriate to its category, discounts the stream over the life expectancy the medical evidence supports, and presents the total under alternative supervision levels when the plan or the record offers more than one. Every valued item ties back to the plan so counsel and the plan's author can confirm that the valuation reconciles.
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.
Two components usually dominate: future lost earnings across a long worklife for a young person, and the present value of attendant care and supervision when the plan calls for daily hours of paid help. Because the level of supervision and the person's residual work capacity are both matters of expert opinion, the report's total is highly sensitive to those inputs, and the life expectancy used for the care stream is a second source of dispute. Mild injury with persistent symptoms presents a narrower claim built on reduced hours, lost advancement, and periodic treatment.
Colorado applies a liberal but reliability-based inquiry: the trial court asks whether the economist's principles are reasonably reliable, whether the witness is qualified to apply them, and whether the testimony will help the jury, without requiring general acceptance. A damages report meets that inquiry by showing the published basis for each assumption and its application to the record.
Highest court: Colorado Supreme Court. Court system: courts.state.co.us.
Federal venues: District of Colorado.
Outside the civil courts, wage-loss disputes in workers' compensation matters proceed before the Colorado Division of Workers' Compensation.
Colorado's wrongful death action is measured by the net pecuniary loss to the heirs plus a limited allowance for grief, while the survival action for the estate excludes the decedent's pain and suffering. Awards are reduced after verdict by collateral-source payments other than benefits the plaintiff paid for by contract, recovery is barred once the plaintiff's fault reaches half, and prejudgment interest on personal injury awards runs from the date the claim accrued.
We issue the final report and provide deposition and trial testimony, rebuttal of opposing present value opinions, and revaluation when the plan is updated.
A brain injury life care plan is dominated by attendant care and supervision, therapy, medication, and case management over a lifetime, and its present value is highly sensitive to the daily hours of paid help the plan specifies and the life expectancy applied. The economist carries each item forward with the medical cost growth appropriate to its category, discounts the stream over the life expectancy the medical evidence supports, and presents the total under alternative supervision levels when the plan or the record offers more than one. Every valued item ties back to the plan so counsel and the plan's author can confirm that the valuation reconciles.
Colorado applies a liberal but reliability-based inquiry: the trial court asks whether the economist's principles are reasonably reliable, whether the witness is qualified to apply them, and whether the testimony will help the jury, without requiring general acceptance. A damages report meets that inquiry by showing the published basis for each assumption and its application to the record. Traumatic Brain Injury cases venued in Colorado are heard in the District Court (General jurisdiction; larger civil cases, felonies, domestic relations, probate), with final appeals to the Colorado Supreme Court. Matters within federal jurisdiction proceed in the District of Colorado.
Colorado's wrongful death action is measured by the net pecuniary loss to the heirs plus a limited allowance for grief, while the survival action for the estate excludes the decedent's pain and suffering. Awards are reduced after verdict by collateral-source payments other than benefits the plaintiff paid for by contract, recovery is barred once the plaintiff's fault reaches half, and prejudgment interest on personal injury awards runs from the date the claim accrued. 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 Colorado rules to a documented figure.
Request a consultation on Life Care Plan Costing or call (201) 343-0700. Plaintiff and defense counsel.