Care costs can be one of the biggest financial worries to an injured party. The cost of even simple treatments, such as physiotherapy and massage therapy, has increased dramatically. These costs can be especially burdensome to someone who is limited in their ability to earn income. For someone with a long-term or permanent injury these expenses can continue long after their case is settled. Depending on the nature of the injury, these future care expenses can be an injured party’s largest losses. Injured parties may, therefore, be entitled to awards not only for past expenses but also for expenses they are likely to incur in the future.
A recent Supreme Court of British Columbia case awarded a plaintiff a large Cost of Future Care award:
Here, a plaintiff suffered a whiplash type injury, which eventually developed into chronic pain and led to various psychological injuries. The courts awarded the plaintiff costs that were deemed “reasonably necessary” costs necessary to restore the plaintiff to their pre-accident condition to the extent that is possible. All costs had to be objectively justified by medical evidence. The plaintiff, who was likely to suffer from ongoing physical and psychological injuries well into the future, was awarded $200,000 for Cost of Future Care.
The judge in this case relied heavily on the evidence of expert witnesses who stated the plaintiff required various forms of treatment to treat his ongoing injuries. This illustrates the importance of ensuring you have effective counsel who will pick and fund the retention of these medical experts.