06 Sep Cost of Future Care
In personal injury claims, one of the heads of damages is “cost of future care”. This relates to expenses for treatments and services the injured person will require in the future, as a result of injuries sustained in the accident. The future refers to the time after the claim settles or the court renders a judgment.
To assess this amount, the court considers what is reasonably necessary to promote the mental and physical health of the plaintiff. The claim must be medically justified and reasonable.
In Chow v. Goodman, 2016 BCSC 1486, the 35 year-old Plaintiff sought $372,000 for his cost of future care. He was injured in two collisions and the Court found he sustained various injuries, including soft tissue injuries to his neck and back, numbness in his hand and leg, bowel and bladder issues, headaches and exhaustion. At the time of the first collision, he was newly married and establishing his professional career. He underwent various therapies, including surgery. He was unable to perform home renovations, heavy household maintenance or yard maintenance. He did not return to work and his career suffered. He did not resume his previously active lifestyle.
The Court awarded the Plaintiff over $95,000 for future care, broken down as follows:
- $75,000 for medications;
- $5,000 for psychological services for the Plaintiff, as well as sessions for his spouse;
- $5,000 for physical therapy assessment, including kinesiology;
- $5,000 for registered massage therapy;
- $700 to replace a TENS machine every 5 years;
- $1,954 for home exercise equipment; and,
- $2,500 for housekeeping / handyman services.
Cost of future care is an important part of your personal injury case. Contact Acheson Sweeney Foley Sahota to ensure that your future care needs are covered.