cal equipment, therapeutic modalities, prescription medication, etc.4
Or you
could have the life care planner prepare a summary of the cost of the prescrip- tions, and provide this summary to your medical expert to rely upon. Finally, and perhaps most impor-
tantly, the client will have to be prepared to explain that he or she plans to receive
4
In a personal injury case that is not a wrongful death case, it is not required that a future medical expenses claim be reduced to present value by an economist at trial. Hutzell v. Boyer, 252 Md. 227, 238, 249 A.2d 449, 455 (Md. 1969) (explaining that reduction of damages to present value is not customary in Maryland, except in cases of wrongful death). However, if the defense hires an economist to reduce your claim to present value, you may also want to do so since the opposing experts numbers may be significantly lower than one that would testify on behalf of your client.
the future care as recommended by their treating doctors. Again, the client will have to explain how they will follow their doctors instructions and recommenda- tions on when and what type of future care will be necessary at least four times: to their doctor in any subsequent doc- tors visits, in their deposition, at the time of the Defense Medical Exam (DME), and at trial. In order to persuade the jury to pro-
vide the client with money for future medical expenses, one must establish the worthwhileness of the future care. Counsel must establish, through the expert, the following: why it necessary; what the goals are; why it will help the plaintiff ’s level of functioning and re- lieve pain; and the expert must explain how the care will be provided. The jury will decide to provide money to fix or help only if they are persuaded that such an award will be worthwhile.
Conclusion Jurors will often arrive at a non-
economic damages amount by using their economic damages award as an anchor. Hopefully, using some of these suggested strategies will allow the reader to increase the value of their economic damages claim and, consequently, the overall damages awarded for harms and losses. n
About the Author
Kevin J. Finnegan is a partner in the law firm of Goldberg, Finnegan & Mester, LLC, located in Silver Spring, Maryland, and he represents clients in Maryland and in the District of Columbia. His practice areas include auto negligence, premises liability, and medical mal- practice.
Winter 2009
Trial Reporter
13
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