Is a life-care plan admissible as evidence in a Georgia injury trial?
Yes, a life-care plan can come into evidence in a Georgia injury trial, but only if it clears the standards that govern expert testimony. Admissibility is not automatic; the plan must be sponsored by a qualified expert and built on reliable methods before a jury hears it.
The gatekeeping standard ¶
Georgia screens expert opinions through O.C.G.A. § 24-7-702, which the state’s courts interpret using the Daubert line of federal decisions. The trial judge acts as a gatekeeper and asks whether the planner is qualified by training or experience, whether the opinions rest on sufficient facts and data, and whether the planner used reliable principles and methods and applied them reliably to the case. A defendant who believes a plan is speculative may request a pretrial hearing to challenge it under this statute.
A plan tends to satisfy these requirements when each projected service traces back to the treating physicians’ prognosis, when the costs reflect current and local pricing, and when the planner follows recognized life-care-planning methodology rather than personal assumption.
What can keep a plan out, in whole or in part ¶
Even a well-prepared plan can be trimmed or excluded if portions fail the reliability test. Vulnerable areas include:
- Future treatments no physician has actually recommended.
- Cost figures pulled from outdated or unsupported sources.
- Needs that assume a worse prognosis than the medical record supports.
The defense often does not attack the whole plan but instead picks at specific line items, arguing they lack a medical or factual foundation. The judge may admit the supported portions while striking those that do not meet the standard.
How juries weigh an admitted plan ¶
Once a plan is admitted, its persuasiveness is for the jury. Both sides may present competing planners, and the jury decides which projections are reasonable. Admission means the plan is allowed in; it does not mean the jury must accept every figure.
The bottom line ¶
A life-care plan is admissible in a Georgia injury trial when a qualified expert presents it and its projections rest on reliable, well-documented methods consistent with the treating physicians’ opinions. The trial court’s screening under O.C.G.A. § 24-7-702 decides whether, and how much of, the plan reaches the jury.
This article is for general educational and informational purposes only and is not legal advice. It does not create an attorney-client relationship, and Georgia law may change. For advice about a specific situation, consult a licensed Georgia personal injury attorney.