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K.W. Reagles & Associates

Bridgewater Place, Suite 600
500 Plum Street
Syracuse, New York 13204-1401

K. W. REAGLES & ASSOCIATES offers a full range of research, analysis, computation, reporting, and expert testimony services for plaintiffs' and defendants' attorneys involved in malpractice, personal injury, or wrongful death cases. We specialize in the conduct of evaluations of residual employability, lost earnings capacity, lost capacity to perform household services, and life-care planning, i.e., future health-related goods and services.

The total approach to the recovery of damages used by K.W. Reagles & Associates allows the attorney to focus on issues of liability while we are responsible for the plaintiff's lost earnings capacity, loss of household services, health-related goods and services (the life-care plan), and elements of pain and suffering. It's a partnership that has had much success throughout the years.

 

LOST EARNINGS CAPACITY

 

In the instance of the wrongful death or permanent disablement (total or partial) of adult wage or salaried workers, professionals, and the self-employed, we can compute the value of lost earnings capacity. We are also able to determine whether your client has any residual earnings capacity and compute the value of that as well. Unlike more simple models, we include the probabilities of future unemployment, disability and death; changes in earnings growth rates; and the changing value of fringe benefits, to produce a more realistic appraisal of the plaintiff's losses.

 

LIFE CARE PLANNING

A life-care plan is an array of the health-related goods and services that correspond to the current and anticipated future needs of individuals who have chronic health care needs.  It includes a description of the goods and services by type, the duration (i.e., how long the goods or services will be required, from only once to as long as life expectancy); the frequency and rate (i.e., how often per unit of time the service will be delivered or provided), as well as the unit cost and the present annual cost of each element in the plan.   We also conduct architectural accessibility surveys in those instances in which the residences of persons with certain disabling conditions are not fully accessible.  K.W. REAGLES & ASSOCIATES provides thorough documentation of the cost basis for all elements of our life-care plans.

We are also able to calculate the future cost (i.e., the present cost over the duration of the plan, including an adjustment for medical-cost inflation), as well as the present value of future costs, or these may be calculated by an independent economist.

The life-care plan is prepared according to professionally accepted methods and is based upon published, research-based standards of practice, comprehensive assessment, and the unique needs of the individual for whom the plan is being developed.  Finally, the life-care plan is dynamic, i.e., as individual circumstances and medical technology change, the life-care plan will be expected to accommodate such changes in a corresponding manner.

K. W. REAGLES & ASSOCIATES has prepared hundreds of life-care plans for persons with a variety of disabling conditions, including:

 

                       Traumatic brain injuries
                       Spinal cord injuries
                       Back injuries
                       Multiple traumas
                       Amputations
                       E. coli infections
                       Toxic exposure, including carbon monoxide poisoning
                       Lead poisoning
                       Cerebral palsy/anoxic encephalopathy
                       Adverse reactions to immunizations
                       Electrical shock injuries
                       Communication disorders

 

 EARNINGS CAPACITY OF INFANTS, MINORS & THE UNEMPLOYED

The "capacity" to work is the potential to work and earn. However, pursuit of litigation involving infants, minor children or the unemployed in instances of medical malpractice or wrongful death or disability has been troublesome because of the absence of a vocational history. While it is impossible to predict the exact occupation a minor child would have pursued as an adult, determination of the probable future work role of a minor, including likely educational achievement, allows a calculation of lost or diminished earnings capacity.

 

LOSS OF HOUSEHOLD SERVICES

For persons disabled or killed in wrongful acts whose principal work role was that of a homemaker or unpaid family member, we have developed methods to quantify the nature and value of work performed by such persons. The nature and extent of the work that the plaintiff performed is determined and the dollar value of such work is computed. The annual value of such services is projected into the future for the period of loss. The "loss of services" element of damages is frequently overlooked in litigation but experience has shown that the value of such work is substantial. Our methods can show you just how much.

 

FOR THE PLAINTIFF

We have worked with a wide variety of plaintiffs including:

 

  • Wage and salaried workers;
  • Professionals and self-employed persons;
  • Infants, children, and young adults without work histories; and
  • Homemakers, housewives, and unpaid family workers.

Our methods are contemporary, sophisticated, and computerized and intended to quantify the nature and economic value of losses associated with personal injury or wrongful death. Our services are tailored to your needs regardless of the magnitude or complexity of your case. The unique combination of professional expertise - including linkage to a variety of experts - assures that your total informational and consultative needs will be met.


FOR THE DEFENDANT

While much of our work is on behalf of plaintiffs, the consistency with which we do our work assures that defendants will get the same high quality, fair appraisals as plaintiffs. Working for both plaintiffs and defendants brings balance and objectivity to our work.

In addition to critiquing the reports of plaintiff's vocational rehabilitation and economic experts, we offer defendants services similar to those for plaintiffs, including:

  • Residual employability analysis;
  • Employability analysis, including computerized job matching and local labor market analyses;
  • Analysis of household work effort;
  • Formulation of alternative life-care plans; and
  • Identifying issues for cross examination of plaintiff's experts