When an accident results in a catastrophic injury—such as a traumatic brain injury (TBI), spinal cord damage, or severe burns—the immediate hospital bills are only the beginning of a lifelong financial struggle. Even after a doctor declares that a victim has reached Maximum Medical Improvement (MMI), that victim may still require daily medication, recurring physical therapy, or a motorized wheelchair for the rest of their life. In Florida, securing compensation for these long-term needs requires the creation of a highly technical, customized document known as a Life Care Plan. This plan is the foundation of any multi-million dollar settlement.
What is a Life Care Plan?
A Life Care Plan is a comprehensive, data-driven report created by a Certified Life Care Planner (CLCP), who is typically a specialized nurse or rehabilitation expert.
The planner works alongside your treating physicians to draft an exhaustive list of every medical and non-medical necessity you will require over the course of your projected lifespan. A typical Life Care Plan accounts for:
- Future surgical interventions and joint replacements.
- Ongoing diagnostic testing (MRIs, X-rays).
- Prescription medications and pain management.
- In-home nursing care or assisted living facility costs.
- Home modifications (wheelchair ramps, widened doorways, roll-in showers).
- Replacement cycles for medical equipment (e.g., a new wheelchair every 5 years).
The Role of the Economist
Once the Life Care Planner determines what you will need, a forensic economist must determine what it will cost in the future. Because of inflation and the constantly rising cost of healthcare in the United States, a surgery that costs $50,000 today might cost $150,000 in twenty years. The economist applies complex inflationary growth rates to the Life Care Plan to ensure the final settlement demand provides enough money to protect you decades after the lawsuit is closed.
Recent Florida Legislative Changes (HB 837)
Litigating future medical costs in Florida recently became much more challenging. Under recent tort reform (House Bill 837), Florida law now strictly dictates how future medical expenses are presented to a jury.
Previously, plaintiffs could ask juries for the full “billed amount” of future treatments. Today, Florida Statute 768.0427 limits the presentation of future damages to the amounts that are “customarily accepted” by health insurance or Medicare, which are often drastically lower than the actual cash price of the procedure. To combat these aggressive defense tactics and ensure your financial survival, calculating an accurate, data-backed projection is your most vital step.