By John Miller
There are many types of damages one can recover after being injured in a motor vehicle accident. In a legal setting, each of these types of damages is called a ‘head of damage’. Some of these are probably familiar, like pain and suffering, or what the courts call ‘non-pecuniary damages’. Some of them are likely unfamiliar, like ‘in-trust claims’ or ‘loss of housekeeping capacity’. We will provide some comments on the various heads of damage in an upcoming series of posts. This post will focus on the head of damage called ‘costs of future care’.
Paying Costs of Future Care
Many people are surprised to learn that costs of future care can be the single largest head of damage in a claim against the driver of a vehicle that injured them. When a person is injured as a result of the negligence of another, the wrongdoer may be ordered to pay the costs of the injured person’s medical and rehabilitation expenses.
Try to imagine the scope of care that would be needed to adequately take care for a brain-injured person for the rest of his or her life. Many types of care, treatments, aids, medication, and assistance could be required – all for a high lifetime total. To successfully prove such a claim, it is necessary to assemble the right team of experts who have the requisite level of experience in assessing each and every item a person will need for the rest of their lives to ensure his or her improvement and comfort. This is a complicated task and one that involves working with doctors and rehabilitation specialists, as well as economists.
Getting Experts Involved
The courts have provided some guidance with respect to cost of care claims. They rule that there must be a medical justification for the care items and that the claims must be reasonable. There are many types of care items that may be considered by the courts. Some of them include medication costs, physiotherapy, massage treatment, access to a gym or pool, counselling, nursing care, and homemaking assistance around the house or yard. In more serious cases involving, for example, a brain injury or serious spinal cord injuries, the cost of care may include the expense of around-the-clock medical assistance in a care home.
The total cost for the lifetime of a seriously injured person could be in the millions of dollars. Whatever the level of care required, Pacific Law Group’s personal injury lawyers in Vancouver are able to assemble the care, assessment, and rehabilitation team you need to accurately assess your claim and gather the evidence to secure the best results for you.
Hiring a Vancouver Personal Injury Lawyer
It is imperative that if you are injured in a car accident that you seek proper medical care and leading legal advice from an experienced law firm.
The quality of legal advice you obtain may be the difference between securing the right level of funding for your future care needs or being left without the means to pay for the items you will need to fully partake in daily life. Our attorneys at Pacific Law Group has over 100 years of experience working on these sorts of claims and has the knowledge and skill to protect your interests. Get professional help and secure your future.