Plaintiff and defense attorneys sometimes wait too long to bring a life care planner or a forensic vocational expert into litigation because they are unsure if or when to retain the services of this kind of an expert or what it may cost.
Attorneys should contact a vocational expert or life care planner early in a personal injury, domestic or workers’ compensation case to assess the facts and challenges of the case. At that point, the attorney can determine whether it may be beneficial to retain that expert for the duration of the case. Bringing in an expert early may hasten a settlement agreement between the parties and result in a better outcome than had no expert been retained.
The timeframe of the referral is often dependent on the facts in the case and the status of medical treatment and rehabilitation.
Medical Records and Related Documents
Having worked with plaintiff and defense attorneys as a life care planner for 26 years, I can identify for attorneys the medical records and relevant documents required to perform expert analysis. These documents can differ depending on the type of expert services being requested.
Key documents for analyzing vocational capacity and earning potential for the injured party may include: A resume, educational records (if available), vocational testing, tax returns, summary of earnings statements (from the Social Security Administration), deposition transcripts, and opinions regarding work restrictions. These documents assist the vocational expert in evaluating the individual’s previous work experience and earnings and analyzing their potential to perform alternative work.
In determining work restrictions, it is essential to obtain opinions from a physician regarding whether the individual has reached maximum medical improvement (MMI). In determining permanent restrictions, individuals will often be referred for a functional capacity evaluation to evaluate their physical capacity and limitations. It is helpful if these documents are available at the time of the referral.
Defense attorneys may find it helpful to retain a life care planner or vocational expert to review the vocational report and/or life care plan to determine the appropriateness of the recommendations by the plaintiff’s attorney.
Ongoing Cost Projections
Attorneys may need to consider whether the injured party will require ongoing medical care or interventions. Depending on the nature of the injury and ongoing medical care, attorneys may benefit from having a life care planner prepare a medical cost projection report.
Medical cost projections are helpful in less complex cases where very specific (often time limited) interventions are needed. For example, if an injured party requires a total knee replacement with post-operative physical therapy. As opposed to an individual who has more catastrophic injuries requiring ongoing care, likely for the remainder of their life. In either of these scenarios, if the medical or therapeutic opinions are not stated in the records, the life care planner can assist with obtaining and determining the recommendations from a medical provider (or retained medical expert).
Expert with Experience
Whether retained by a defense or plaintiff attorney, the expert should be experienced in evaluating cases and providing effective expert testimony. The expert must have the necessary expertise, training, and background to provide appropriate and fair professional recommendations and opinions in the report and/or life care plan.
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