chapter  Chapter 23
14 Pages

A Plaintiff's Attorney's Perspective on Life Care Planning

ByKatherine A. Brown-Henry

To an attorney, a life care plan is a litigation tool in the catastrophic injury case. For the plaintiff's attorney, a life care plan is used to identify and prove future damages related to the injuries caused by the wrongdoer. A life care planner is typically retained in negligence claims. There are several different types of negligence claims, including medical malpractice, products liability, worker's compensation, premises liability, and so on. A life care planner is compelled to comply with requests for production of documents or to attend depositions through the use of the subpoena. During the pre-trial proceedings, the opposing party uses subpoenas to compel the life care planner to sit for a deposition or produce documents. A deposition is nothing more than a formal exchange of questions and answers between the deposing attorney and the life care planner. During the deposition, it is common for the life care planner to want to be engaged with the questioner.