Life Care Planning & Rebuttals

Early Case Development

Engaging a life care planner immediately post-intake or during the investigation phase allows counsel to:

• Develop a defensible damages theory

• Identify necessary medical records and physician collaboration

• Schedule Independent Medical Examinations (IMEs)

For catastrophic injuries, ensure that the appropriate physician specialists are involved from the outset to support medical accuracy.

Before Mediation and Key Hearings

A defensible life care plan may serve as a driver of settlement value. Retaining experts early enough for mediation provides the opportunity to test underlying assumptions, refine damages projections, and, if necessary, secure reliable rebuttal opinions. IMS supports clients with both life care planning and rebuttal services, offering expert testimony for deposition and trial.

With Scheduling Orders in Mind

Federal rules require expert disclosures at least ninety days before trial; however, many courts enforce tighter deadlines. Late engagement of a life care planning expert risks exclusion under Daubert and local scheduling orders. Successful strategies work backward from deadlines to allow sufficient time for record review, report formulation, and reporting.

Evaluating Patient Records

Life care planning for catastrophic injury cases is a structured, evidence-based process designed to evaluate, document, and cost out both immediate and lifelong care needs. The procedure begins with a comprehensive review of documents—such as medical records, therapy reports, educational history, and prior assessments—to form a factual baseline of current health status.

Consulting with Patients and Practitioners

Certified life care planners then conduct in-depth consultations with the client, family, treating physicians, and/or rehabilitation specialists to identify required medical services, therapies, assistive technologies, home modifications, transportation needs, and caregiving support. A holistic review further examines psychological, social, and vocational factors, often bolstered by tools like the OOMPFA metric, ensuring all care projections are methodologically sound and empirically backed.

Assessing Costs and Opposing Plans

Beyond need assessment, IMS professionals perform detailed cost analyses and rebuttals to establish defensible, peer-reviewed care plans that articulate the rationale, frequency, duration, and total cost of each recommended service. These reports are essential in both plaintiff and defense strategies, providing attorneys with expert evidence to justify future damages and serve as a credible critique of opposing care projections.

Delivering Credible Testimony

In addition to detailed, well-documented reports, life care planning experts can provide clear, defensible testimony during depositions and at trial to support or challenge the damages narrative.

Yes, IMS life care planning experts serve plaintiff and defense client firms nationwide. We expanded our life care planning capabilities with the acquisition of MacKenzie Life Care Planning in November 2024, strengthening our expert solutions for catastrophic injury matters, with the support of integrated consulting teams who have experience in thousands of cases.

The IMS life care planning team frequently participates in regional industry events across the US, including the annual meeting of trial lawyers’ and defense lawyers’ associations in Arizona, Colorado, Louisiana, New Mexico, Texas, and Virginia. Visit our events page to stay current on where you can connect with our life care planning experts and leaders.

Match Credentials to a Case

Counsel should prioritize Certified Life Care Planners (CLCP) with clinical expertise, such as brain injury or burn injury specialists for catastrophic traumatic injuries, coupled with a standards-based methodology. Pairing a non-physician planner with the appropriate medical specialist can offer added credibility in complex injury matters.

Medically Supported Recommendations

Life care planners base projections on treating or consulting physicians' opinions and the medical record, ensuring each recommendation is medically defensible.

Report Quality and Transparency

Defensible life care plans present a clear rationale for recommendations, detailing frequency, duration, and cost, creating a clear roadmap of future care and expenses.

Litigation Readiness

Choose a Certified Life Care Planner familiar with Federal Rule 702 and Daubert standards, disclosure requirements, fee structuring, deposition preparation, and trial testimony. Verify their capacity for thorough record review, IME coordination, and collaboration with treating providers.

Click here to meet IMS’s expert life care planning team.