Life Care Plan Cost Projection and Present Value for Traumatic Brain Injury Cases in Maine

By KW Economics Editorial Team · Updated

KW Economics prepares life care plan costing for traumatic brain injury cases venued in Maine: what the loss claim consists of, the records that drive it, and a present value built to Maine damages rules and venues. Plaintiff and defense.

How life care plan costing applies to Traumatic Brain Injury in Maine

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.

Where the damages concentrate

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.

Maine courts and expert standards

Maine courts ask whether the economist is qualified by training and experience, whether the opinion rests on a reliable foundation, and whether it will help the fact finder, under the state's own reliability inquiry. A damages report meets that inquiry by showing the published basis for each assumption and its fit with the record.

Where these cases are heard

Highest court: Maine Supreme Judicial Court. Court system: courts.maine.gov.

Federal venues: District of Maine.

Outside the civil courts, wage-loss disputes in workers' compensation matters proceed before the Maine Workers' Compensation Board.

Damages framework

Maine's wrongful death action is brought by the personal representative for the beneficiaries' pecuniary injuries, with separate and limited allowances for loss of comfort, society, and companionship, alongside a survival action for the estate. Recovery is barred once the plaintiff's fault equals or exceeds the defendants', the common-law collateral source rule applies, and prejudgment interest runs from the filing of the notice of claim or complaint.

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 Traumatic Brain Injury in other states

Frequently asked: Life care plan costing in Maine traumatic brain injury matters

How is life care plan costing built for a traumatic brain injury case in Maine?

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.

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

Maine courts ask whether the economist is qualified by training and experience, whether the opinion rests on a reliable foundation, and whether it will help the fact finder, under the state's own reliability inquiry. A damages report meets that inquiry by showing the published basis for each assumption and its fit with the record. Traumatic Brain Injury cases venued in Maine are heard in the Superior Court (General jurisdiction; civil cases, jury trials in major criminal cases), with final appeals to the Maine Supreme Judicial Court. Matters within federal jurisdiction proceed in the District of Maine.

How does the Maine damages framework shape life care plan costing in a traumatic brain injury case?

Maine's wrongful death action is brought by the personal representative for the beneficiaries' pecuniary injuries, with separate and limited allowances for loss of comfort, society, and companionship, alongside a survival action for the estate. Recovery is barred once the plaintiff's fault equals or exceeds the defendants', the common-law collateral source rule applies, and prejudgment interest runs from the filing of the notice of claim or complaint. 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 Maine rules to a documented figure.

References

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