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 Michael Padway Life Care Plan Lawyers Michael Padway and Associates - San Francisco Life Care Plan Lawyers


Life Care Plan Lawyers in California

California Personal Life Care Plan Lawyers

Life Care Plan Attorneys Serving San Francisco, San Jose, Los Angeles, Oakland, & Ontario, California


Rebuilding Your Life After an Injury: Working Toward A Permanent Solution to Your Permanent Injury

When we accept representation of a new client, we make a commitment to provide services appropriate to the level of injury. At Michael Padway & Associates, we understand how a serious injury can turn your life upside down. We know that your goal is to create and fund a Life Care Plan. What this means to you as a client is that we have the same goal that you do. We’re here for you and your family every step of the way. Your injuries are out of the ordinary, and your attorney needs to be out of the ordinary as well. That means an attorney with experience in catastrophic injuries.

Building Your Life Care Plan

Step 1 –Your medical care providers evaluate the activities of daily living and functional capacity in a detailed report. This measures and quantifies your abilities and needs. The first step is for your doctors and therapists to detail each of the areas of injury. This is more than a simple diagnosis. The requirement is that the functional problems be related to daily activity, with the goal of setting out your needs on an ongoing basis as your injury stabilizes, and as you return to a daily setting. When you leave the hospital, you will be able to do many things, but you will probably need equipment and special assistance on an ongoing basis. By determining your abilities and your needs, it will be possible to provide for equipment and help.

For example, if you are quadriplegic, the report may show us that an adaptive bathtub is needed so that a caregiver won't have to bend down to lower you into a bathtub. It may provide for a ceiling lift, so that a regular bathtub may be used. Or both. If you are more functional, perhaps you can't cook with heavy cookware, and you will need lightweight aluminum cookware and you may need a rolling cart level with the stove so that you can push pans on and off without lifting. Maybe you need cleaning and laundry help. Maybe you need bowel and bladder care from a qualified nursing professional or a less qualified aide. If you are dependent on a ventilator to breath, you may need daily care to monitor a possible equipment failure. Whatever it is that you need, it should be specifically itemized on the Life Care Plan. You can’t present a claim meaningfully unless you can itemize your care needs in a personalized way.

Step 2 - The next step is to have a rehabilitation person coordinate a list of all needed equipment, and ongoing care in view of the disabilities, and to determine the cost of those items. This is done with a view towards your entire life. For example, if you need a wheelchair, you will probably need to replace it periodically as it wears out. The Life Care Plan should detail how many times that is likely to happen, and what it is likely to cost.

Additionally, if you will be able to work, even with adaptation, a vocational rehabilitation report can be generated, listing what income opportunities exist, and the effect of your condition on future earnings. You may be able to work, but you may not be as efficient. You may need rehabilitation training to adapt your job skills, or to learn a new occupation.

Maybe you can still work, but everything takes so long. You might still be able to do accounting, but can't move around the office, or work a keyboard, or move files. Someone else has to help you do these things, or you may need a technological work around. The central document to settlement is often a life care plan that lays out all of the equipment and personnel and its cost, over the course of a lifetime.

Again, this must be specific to you, your case, and your injuries. Electric wheelchairs, properly fitted, with adaptive equipment for a paraplegic with limited upper body movement can cost in the tens of thousands of dollars. Non-electric, standard, non-fitted chairs are much cheaper. Your life care plan should have equipment that is fitted to you and your needs, and your disabilities. Your attorney must be sensitive to these differences if he is to present them on your behalf.

Step 3 - Lastly, an economist figures out the present amount of money required to pay for these things over a lifetime. Your injuries are permanent for your lifetime. Your economic needs are equally permanent. While you can’t always get everything you need [because the defendant may not have sufficiently deep pockets, or your case may not have perfect liability, or for other, similar reasons], but you must start from a complete evaluation of your damages. Because your needs must be paid over time, your settlement will effectively “earn interest”. The stream of payments, with presumptions about inflation and rate of return on conservative investments are taken into account, and provision is made for periodic large expenditures, such as a future surgery, or re-doing a handicap equipped living space. At this point, your economic needs are defined, and you are ready to evaluate your settlement position with an understanding of those needs.

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If you or a loved one has been injured, call Michael Padway & Associates at 415-777-1511, or fill out this online contact form. Meet with us and find out how we can help you start rebuilding your life and get you a fair settlement for your injury.

Michael Padway & Associates
595 Market Street, Ste 2520
San Francisco, CA 94105




The information provided in this website for Michael Padway & Associates, San Francisco California Personal Injury Lawyers, including the references to life care plans should not be taken as formal legal advice. The results for your personal injury case will depend upon the facts of your case. To talk about your case with a personal injury attorney in the Oakland, San Francisco and San Jose, California area call 1-800-928-1511.