If you’ve been seriously injured in an accident—whether it was a multi-car pile-up on the I-10 High Rise or a devastating crash near the Superdome—your immediate focus is rightfully on the here and now. You’re counting the days until your next surgery, managing the pain, and watching the hospital bills pile up on your kitchen table. But for many residents of the New Orleans area, the most significant financial burden isn’t the bill you received yesterday; it’s the costs you will face ten, twenty, or even fifty years from now.
When an injury is permanent or catastrophic, “getting better” doesn’t mean life goes back to exactly how it was before. It means a lifetime of adaptive care. If you settle your case based only on the bills you have today, you risk running out of money just when you need it most. That is why understanding how to value future medical care in New Orleans is perhaps the most important part of your legal journey.
At Breaux Law Firm, we don’t guess when it comes to your future. We use life care planners to build an ironclad valuation of your claim.
If you are facing a long road to recovery, don’t sign away your future. Click here for a free evaluation of your long-term medical needs.
What is a Life Care Plan and Why Does It Matter?
A life care plan is more than just a list of medical estimates; it is a comprehensive, evidence-based document that outlines all the services, equipment, and support an injured person will need over their remaining life expectancy.
Think of it as a blueprint for your future health. It’s not just about doctor visits. A proper plan accounts for:
- Future Surgeries: Many spinal and joint injuries require “revision” surgeries decades later.
- Durable Medical Equipment: Wheelchairs, hospital beds, and prosthetics that must be replaced every few years.
- Home and Vehicle Modifications: Ramps, widened doorways in a historic French Quarter home, or specialized vans.
- In-Home Care: From part-time nursing assistance to 24/7 custodial care.
- Medications and Therapy: The cumulative cost of prescriptions and physical or occupational therapy over 30+ years.
Under Louisiana law, you are entitled to recover the cost of this care, but the burden is on us to prove that these needs are medically necessary and to provide a “reasonable certainty” of their cost.
How Life Care Planners Calculate the True Value of Your Claim
A life care planner is a certified professional—often a registered nurse or a rehabilitation specialist—who acts as a bridge between the medical world and the courtroom. They don’t just look at a chart; they look at your life.
1. Collaboration with Specialists
The planner works closely with your treating physicians at facilities like University Medical Center (UMC) or Ochsner. If your neurologist says you will likely need a specific treatment in 10 years, the life care planner documents that and researches the local cost in the New Orleans market.
2. Mortality Tables and Life Expectancy
Using data from the Social Security Administration, the planner calculates your remaining life expectancy. If you are 30 years old today and have a life expectancy of 80, the plan must cover 50 years of inflation-adjusted medical expenses.
3. Present Value and Economics
This is where the math gets intense. A dollar today isn’t worth the same as a dollar in 2050. We often pair life care planners with forensic economists to calculate the “present value” of your future care. This ensures that the lump sum you receive in a settlement is enough to cover those rising costs over time.
Why a Generic Settlement Offer Often Fails New Orleans Victims
Insurance companies are notorious for offering “quick” settlements in the months following an accident. They might see your $50,000 in current bills and offer you $150,000 to “take care of everything.”
To someone stressed about missing work in the CBD or paying rent in Mid-City, $150,000 sounds like a lot. But if you have a spinal cord injury or a traumatic brain injury (TBI), that money could be gone in two years. Once you sign a release, you can never go back for more—even if you discover you need a $200,000 surgery five years later.
Using a life care planner is the only way to ensure the insurance company pays for the full scope of the damage they caused.
Do you know the true “lifetime value” of your injury? Don’t leave your future to chance.
Request a Free Life Care Consultation Today
Louisiana Laws: Protecting Your Right to Future Care
Navigating the legalities of future medical expenses requires an understanding of specific Louisiana statutes.
- Statute of Limitations (Prescription): As of July 1, 2024, Louisiana extended the statute of limitations for personal injury claims from one year to two years for most accidents (La. Civ. Code §3493.11). This extra time is vital because it allows your medical condition to “stabilize” enough for a life care planner to make accurate long-term projections.
- Collateral Source Rule: Louisiana generally follows the collateral source rule, meaning the defendant cannot reduce the amount they owe you just because your private health insurance or a government program covered some of your bills. The wrongdoer is responsible for the full value of the care.
- Future Medical Care (R.S. 40:1231.3): In specific cases like medical malpractice, the law allows for a specialized process where future medical expenses are paid “as incurred” rather than in a single lump sum, ensuring that funds are available exactly when treatments are needed.
Case Spotlight: The Million-Dollar Difference
Anonymized for Privacy
We recently represented a New Orleans construction worker who suffered a severe back injury while working near Poydras St. The insurance company initially offered a settlement that covered his past bills and provided a small cushion for “future pain.”
We rejected the offer and hired a certified life care planner. The planner interviewed his surgeons and determined that, within 15 years, our client would almost certainly require a spinal fusion and long-term physical therapy to maintain mobility. By documenting the cost of that future surgery, the specialized equipment needed for his home, and the vocational training required to move him into a less physical job, we increased the valuation of his claim by over $800,000.
Without that life care plan, he would have been left paying for those surgeries out of his own pocket.
FAQ: Future Medical Care and Life Care Plans
Q: Do I need a life care plan for a minor injury? A: Generally, no. Life care plans are reserved for catastrophic or permanent injuries—such as amputations, TBIs, spinal cord damage, or chronic pain conditions—where the need for medical intervention will last for years.
Q: Who pays for the life care planner? A: At Breaux Law Firm, we advance the costs of hiring these experts as part of our commitment to your case. You don’t pay us back unless we successfully recover money for you.
Q: Can the insurance company hire their own planner? A: Yes, and they often do. The defense’s planner will try to argue that your needs are “speculative” or that cheaper alternatives exist. This is why having a highly credible, board-certified expert on your side is critical to winning the “battle of the experts” in court.Q: How does the new 2-year statute of limitations help me? A: Projections for the future are only as good as the data they are based on. Having two years instead of one gives your doctors more time to see how you respond to initial treatments, leading to much more accurate (and often higher) valuations of your future needs.
Secure Your Future with Breaux Law Firm
When you’re dealing with a life-altering injury, the “cost” isn’t just a number on a spreadsheet—it’s your quality of life. It’s the ability to keep living in the city you love, whether that’s enjoying a Sunday in City Park or a night in the French Quarter, without the fear of financial ruin.
At Breaux Law Firm, Evan Breaux and our dedicated team understand the weight of your future. We don’t just settle cases; we solve for the rest of your life. By leveraging the expertise of top-tier life care planners and economists, we ensure that every potential complication, surgery, and therapy session is accounted for.
Don’t settle for less than your future is worth. Contact Breaux Law Firm today for a free, comprehensive case evaluation.
Call us at (504) 914 7779
Legal Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. No attorney-client relationship is formed by reading this content. The value of any personal injury claim depends on the unique facts of the case, and past results do not guarantee future outcomes. Under La. Civ. Code §3492 and §3493.11, legal deadlines are strict. Always consult a licensed attorney regarding your specific situation. For official Louisiana statutes, visit the Louisiana State Legislature website.
