In personal injury litigation, the goal is not only to establish liability but also to quantify damages in a way that reflects the full scope of an individual’s losses – both medical and economic. Two key disciplines that support this process are life care planning and forensic vocational evaluation. When used together, they provide a comprehensive, evidence-based foundation for understanding the long-term impact of injury on a person’s life and livelihood.
Life Care Planning: A Dynamic Framework for Future Needs
Life care planning is a methodical process used to project the future costs associated with a catastrophic injury or chronic condition. It is not a static document – it evolves as the individual’s condition, environment, and available medical technologies change.
Key elements include:
- Beyond Medical Costs: A well-developed life care plan includes housing modifications, specialized transportation, assistive devices, and replacement schedules for equipment – offering a full picture of the injured party’s potential future financial needs.
- Psychosocial and Quality of Life Considerations: Emotional support, recreational activities, and social engagement are essential components that contribute to overall well-being and may be considered in the plan when supported by clinical evidence.
- Adaptability Over Time: Life care plans should be revisited periodically to reflect changes in medical status, treatment options, and living circumstances. This ensures the plan remains relevant and defensible in court (Weed & Berens, 2010).
Forensic Vocational Evaluation: Quantifying Earning Capacity
Unlike vocational evaluations used in rehabilitation or advocacy settings, forensic vocational evaluations are conducted to provide objective, expert opinions in legal contexts. These evaluations assess how an injury affects an individual’s ability to work and earn income, both now and in the future.
Key components include:
- Transferable Skills and Labor Market Analysis: Using tools like the O*NET database and current labor market data, forensic evaluators identify realistic employment options based on the individual’s residual functional capacity and pre-injury skill set.
- Earning Capacity Assessment: Evaluators compare pre- and post-injury earning potential, often using statistical models and wage data to estimate future losses. This is critical for calculating economic damages in court.
- Objective and Defensible Methodology: Forensic vocational evaluations are grounded in standardized, evidence-based practices and supported by peer-reviewed literature. These evaluations integrate relevant medical documentation to ensure consistency with the individual’s clinical profile, enhancing their credibility and admissibility in legal proceedings (Reid, 2014).
The Intersection of Care and Career: A Unified Litigation Strategy
When life care planning and forensic vocational evaluation are used together, they offer a holistic view of damages—medical, functional, and economic. This complementary approach strengthens the credibility of expert testimony and provides a clearer narrative for judges and juries.
For example:
- A life care plan may recommend therapies that directly support the physical or cognitive functions needed for a job identified in the vocational evaluation.
- While life care planners, vocational experts, and physicians develop their assessments independently, the convergence of their findings across disciplines promotes consistency and strengthens the reliability of conclusions presented in litigation.
Case Illustration: A Cohesive Expert Strategy
Consider a hypothetical case: A 42-year-old warehouse manager sustains a spinal injury. The life care plan outlines long-term medical needs, home modifications, and assistive devices. Taking into consideration medical opinions regarding impairment, the forensic vocational evaluation determines that he can no longer perform physically demanding work but could qualify for sedentary roles with retraining. Combined, the reports quantify both the cost of care and the loss of earning capacity, providing a compelling foundation for settlement or trial.
Conclusion: Strength through Complementary Expertise
In personal injury litigation, having access to both life care planning and forensic vocational evaluation is not just beneficial, it’s essential. Each service offers distinct insights: life care planning projects future medical and supportive care needs, while vocational evaluation substantiates economic losses and earning capacity. At The Verity Group, we specialize in delivering both, empowering attorneys and their clients with comprehensive, litigation-focused expertise to achieve fair and just outcomes.
References
Brown, C. D., McDaniel, R. S., & King, W. M. (1995). The role of vocational evaluation in the rehabilitation process. Vocational Evaluation & Work Adjustment Bulletin, 28(4), 91–98. https://psycnet.apa.org/record/1996-03778-001
Keller, J. G. (2020). Cutting it down to size: Strategies for handling life care plans. Deutsch Kerrigan. https://trial.com/wp-content/uploads/2020/01/18-Keller.pdf
Levine, J. D., & Oswald, F. L. (2012). O*NET: The Occupational Information Network. In M. A. Wilson, W. Bennett Jr., S. G. Gibson, & G. M. Alliger (Eds.), The handbook of work analysis: Methods, systems, applications and science of work measurement in organizations (pp. 281–301). Routledge/Taylor & Francis Group. https://psycnet.apa.org/record/2011-29889-016
Martin, J. W. (2025, May 5). What is a life care plan, and why it could define your injury lawsuit. Leibel Law. https://leibel.com/life-care-plan/
Mills, S. (2024, September 17). Life care plans in litigation: How to establish damages. Expert Institute. https://www.expertinstitute.com/resources/insights/establishing-damages-in-life-care-plans-that-withstand-scrutiny/
Mehta & McConnell, PLLC. (2025, May 30). What is a life care plan in personal injury cases? https://mehtamcconnell.com/blog/what-is-a-life-care-plan-in-personal-injury-cases/
Reid, C. (2014). Interpreting rehabilitation research. In R. H. Robinson (Ed.), Foundations of forensic vocational rehabilitation (pp. 279–295). Springer Publishing Company. https://psycnet.apa.org/record/2013-43795-012
Strauser, D. R., Chan, F., Frain, J., Tansey, T., & Frain, M. (2021). Vocational evaluation in rehabilitation. In D. R. Strauser (Ed.), Career development, employment, and disability in rehabilitation: From theory to practice (2nd ed., pp. 157–171). Springer Publishing Company. https://psycnet.apa.org/record/2021-17638-012
Strauser, D. R., Chan, F., Wang, M., Wu, M., & Rahimi, M. (2013). Vocational evaluation in rehabilitation. In D. R. Strauser (Ed.), Career development, employment, and disability in rehabilitation. Springer Publishing Company. https://doi.org/10.1891/9780826195647.0011
Weed, R. O., & Berens, D. E. (2018). Life care planning and case management handbook (4th ed.). Routledge. https://doi.org/10.4324/9781315157283
Weed, R. O., & Berens, D. E. (2010). Life care planning and case management handbook (3rd ed.). CRC Press. https://archive.org/details/isbn_9781574440751
