Cost of Future Care in Personal Injury Claims

In Canadian personal injury law, one of the critical components in assessing damages is the cost of future care. When someone is injured due to the negligence of another party, they may be entitled to compensation not only for past medical expenses and lost wages but also for the future care they will require. Understanding how the cost of future care claims are evaluated and awarded by the Courts is important for both plaintiffs and defendants involved in personal injury cases.

Cost of Future Care Awards

An award for the costs of future care required due to an injury suffered by a Plaintiff in a personal injury claim must be both medically justified and reasonable in light of what is required to preserve an injured party’s health and life going forward.

There needs to be evidence to support a claim for an award for cost of future care. Once this evidence creates a case for an award to be made the Court will look at all the circumstances and assess what they feel may happen going forward after the judgment to determine what they can award a Plaintiff to assist in making them whole after the damage they’ve suffered as best as a court is able, without providing the Plaintiff with a windfall. At the end of the day all a Court can do is award a Plaintiff monetary compensation in a personal injury claim so determining the fair amount for future care in all the circumstances is what a Court will do. What someone suffering from chronic depression will need by way of future care will differ substantially from the future care needs of someone suffering from a significant spinal injury.

It is well established that no award should be made for a cost a Plaintiff is unlikely to incur. As to how the cost of one’s future care is determined, the courts have held that the determination is not a mathematical one, but a general assessment taking all the evidence into consideration.

How Cost of Future Care Awards Are Assessed

When determining the cost of future care, the Courts will consider the nature and extent of the injuries sustained by the plaintiff, the prognosis for recovery, and the impact of the injuries on the individual’s daily life and ability to function, the cost of medical treatments, rehabilitation services, assistive devices, home care, and other necessary services.

Expert medical evidence plays a crucial role in establishing the types of care and treatment the plaintiff will require in the future, as well as the associated costs.  Quite often a party will obtain an occupational therapist (O.T.) to review the expert medical opinions on the file, perform a functional capacity evaluation, and provide a cost of future care report.

One of the challenges in assessing cost of future care claims is predicting the future needs of the injured individual with a high degree of certainty. Since these claims involve projecting the costs of care over many years or even a lifetime, courts must rely on expert evidence and medical opinions to make informed decisions about the amount of compensation that should be awarded.

Economists and Cost of Future Care

When injuries are significant and the future care is anticipated to be incurred far into he future from a date of settlement or judgment, parties will engage economists to help factor in issues such as inflation, cost of living adjustments, and the present day value of the cost of future care award.

Experienced Personal Injury Lawyers

It is important for both plaintiffs and defendants in personal injury cases to work with experienced legal professionals who can help navigate the complexities of cost of future care claims. Plaintiffs need to ensure that they have access to the necessary medical experts and evidence to support their claim for future care costs, while defendants must carefully review and challenge the evidence presented to ensure that any compensation awarded is fair and reasonable.

The experienced personal injury lawyers at Taylor & Blair LLP can assist you with your legal issues. Contact us today for more information.